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School  Laws 

of  the 

State  of  Mississippi 


W.  F.  BOND 

State  Superintendent  of  Education 

1918 


MIMMMIMI^^IMM^ 


SCHOOL  LAWS 

OF  THE 

STATE  OF  MISSISSIPPI 


CONTENTS 

Biographical   Sketches  of   State   Superintendents   of   Edu- 
cation          2-5 

State  Officers  1916-M9 6-7 

State  Institutions,  Trustees  of 7 

State  Institutions,  Presidents  of 8 

Text    Book   Commissions 8 

Superintendents,    County 8-10 

Constitution  of  State— Education— Article  8 11-13 

County  Schools  Data 14-15 

Agricultural  High  Schools 18-25 

Consolidated  Schools 26-31 

Public  Schools 32-75 

County  Superintendents 76-85 

State  Superintendent 86-89 

Teachers  I  nstitute 90-91 

Teachers   License : 92-102 

Text  Books 102-119 

Sixteenth   Sections .".120-136 

Illiteracy  Commission 137-138 

Holidays  138 

Opinions  of  Attorney  General 138-141 

Code  of  Ethics  for  Mississippi  Teachers 142 

Index  142 

W.  F.  BOND 

State  Superintendent  of  Education 
1918 


TUCKER    PRINTING    HOl>6E    JACKSON   MISS 


BIOGRAPHICAL  SKETCHES  OF  STATE 
SUPERINTENDENTS  OF  EDUCATION 

Prepared  by  JAS.  W.  BROOM, 
Assistant  State  Supt.  of  Education. 

The  first  State  Superintendent  of  Education  was  HENRY  R. 
PEASE.  He  was  born  in  Connecticut,  February  19th,  1835. 
After  receiving  a  liberal  education  he  taught  for  eleven  years. 
He  entered  the  Union  Army  as  a  private  and  rose  to  the  rank  of 
Captain.  Mr.  Pease  served  as  Superintendent  of  Education  in 
Louisiana  while  that  State  was  under  military  rule,  and  later  was 
appointed  Superintendent  of  Education  of  Freedmen  in  Mississippi. 
He  was  elected  Superintendent  of  Education  on  the  ticket  with 
Alcorn  in  1869,  and  upon  him  devolved  the  duty  of  organizing  the 
system  of  free  schools.  His  competency  was  never  questioned,  but 
he  failed  to  satisfy  the  demands  of  the  colored  race  for  office,  and 
was  set  aside.  He  afterwards  served  in  the  United  States  Senate 
for  a  short  time. 

The  successor  of  Mr.  Pease  was  THOMAS  W.  CARDOZA,  a  negro, 
who,  at  the  time  of  his  election  in  1873,  was  under  indictment  for 
malfeasance  in  office  while  circuit  clerk  in  Warren  County.  In 
1876,  on  account  of  misappropriation  of  school  funds,  he  was 
impeached,  but  was  allowed  to  resign. 

Governor  Stone  appointed  as  Cardoza's  successor  THOMAS  S. 
GATHRIGHT.  Mr.  Gathright  was  educated  at  Tutwiler,  Alabama, 
and  at  the  time  of  his  appointment  as  State  Superintendent,  was 
principal  of  the  Somerville  Institute,  Gholsen,  Noxubee  County, 
Mississippi.  Senator  A.  J.  McLaurin,  Dr.  A.  G.  McLaurin,  Judge 
John  Enochs,  D.  M.  Mayers,  and  many  other  prominent  Missis- 
sippians,  attended  this  Institute.  Superintendent  Gathright  was 
not  a  candidate  for  re-election  and  immediately  following  the 
expiration  of  his  term  of  office,  accepted  the  presidency  of  the 
Agricultural  and  Mechanical  College  at  Bryan,  Texas,  which 
position  he  held  with  credit  until  his  death. 

The  fourth  man  to  hold  the  office  of  State  Superintendent  of 
Education  was  DR.  JOSEPH  BARD  WELL.  He  was  born  in  Hereford 
County,  North  Carolina,  in  1828.  When  he  was  only  three  or  four 
years  old,  his  father  moved  to  Oktibbeha  County,  Mississippi. 
After  attending  school  at  Viney  Grove  Academy,  Lincoln  County, 
Tennessee,  and  later  at  Louisville,  Mississippi,  he  entered  the  Col- 
lege of  New  Jersey,  at  Princeton,  and  was  graduated  in  1847.  Dr. 
Bardwell  was  licensed  and  ordained  to  preach  at  Philadelphia, 
Mississippi,  in  1853,  and  at  the  time  he  became  State  Superinten- 
dent of  Education,  he  was  pastor  of  the  First  Presbyterian  Church 
at  Meridian.  He  was  Moderator  of  the  Synod  of  Mississippi  in 
1881,  became  a  member  of  the  Faculty  of  the  Southern  Presby- 


SCHOOL  LAWS  OF  MISSISSIPPI  3 

terian  University  in  1888,  and  in  1892,  president  of  Florence  Female 
College,  at  Florence,  Alabama.  After  a  career  of  singular  useful- 
ness, Dr.  Bardwell  died  at  Starkville,  Mississippi,  Sept.  22nd,  1893. 

In  January,  1878,  GENERAL  JAMES  ARGYLE  SMITH  became 
State  Superintendent  of  Education.  General  Smith  was  a  native 
of  Tennessee,  and  was  appointed  to  the  United  States  Military 
Academy  from  Mississippi  in  1849.  After  his  graduation  from 
the  Academy,  he  was  on  duty  with  the  United  States  Army  in  the 
West  until  1861,  when  he  resigned  to  accept  a  commission  as  Cap- 
tain in  the  Confederate  Army.  He  was  a  gallant  soldier  and  won 
rapid  promotion.  When  General  Cleburne  was  killed  at  Franklin, 
Tennessee,  Smith  succeeded  to  the  command  of  his  division.  After 
the  war  he  returned  to  Mississippi  and  engaged  in  farming  until 
elected  Superintendent  of  Education  for  the  State. 

JAMES  R.  PRESTON  was  born  in  Virginia,  January  22nd,  1853. 
He  was  educated  at  Georgetown  University  and  at  Emory  and 
Henry  College,  Virginia,  and  after  teaching  one  year  each  in 
Tennessee  and  Indiana,  moved  to  Mississippi  in  1875.  He  taught 
in  Noxubee  County,  at  Okolona,  and  at  Water  Valley.  He  waa 
elected  Superintendent  in  1885,  and  served  until  1896.  His 
administration  of  office  was  distinguished  by  many  reforms  in 
method  and  by  a  general  increase  in  interest  in  educational  work — 
among  other  things  he  introduced  uniform  written  examinations 
for  teachers,  and  also  secured  the  passage  of  laws  requiring  County 
Superintendents  to  inspect  schools  and  arrange  and  manage 
institutes  for  teachers.  Upon  retiring  to  private  life,  Mr.  Preston 
studied  at  Edinburgh,  Scotland,  and  later  was  President  of  Stanton 
College,  Natchez,  Mississippi,  and  Belhaven  College,  Jackson, 
Mississippi.  He  now  owns  and  operates  a  splendid  stock  farm 
near  Natchez. 

.ANDREW  A.  KINCANNON  was  born  in  Noxubee  County  and 
attended  school  in  Lee  County.  From  Verona  High  School  he 
went  to  the  State  University.  Later,  he  went  to  Lebanon,  Ohio, 
to  the  Normal  University.  He  served  as  a  member  of  the  A.  &  M. 
College  Faculty,  and  was  later  Superintendent  of  City  Schools  at 
Meridian.  He  was  elected  State  Superintendent  in  1895.  Under 
his  direction  the  State  Board  of  Examiners  was  created.  He 
became  President  of  I.  I.  &  C.  in  1898,  in  which  position  he 
remained  until  1907,  when  he  was  elected  to  and  accepted  the 
Chancellorship  of  the  University  of  Mississippi.  Mr.  Kincannon 
is  at  present  Superintendent  of  City  Schools,  Memphis,  Tennessee. 

Governor  McLaurin  appointed  as  Mr.  Kincannon's  successor 
HENRY  L.  WHITFIELD.  Mr.  Whitfield  was  born  near  Brandon, 
Mississippi,  January  20th,  1868.  He  attended  Fannin  High 
School,  Rankin  County,  under  Dr.  L.  T.  Fitzhugh,  and  later 
Mississippi  College,  from  which  institution  he  was  graduated  in 

^52271 


4  SCHOOL  LAWS  OF  MISSISSIPPI 

1894.  He  was  Principal  of  School  at  Westville,  and  at  Steen's 
Creek.  He  became  State  Superintendent  of  Education  in  1898, 
was  elected  in  1899,  and  re-elected  in  1903.  In  1907  Mr.  Whitfield 
was  elected  President  of  1. 1.  &  C.,  which  position  he  still  holds. 

JOSEPH  NEELY  POWERS  was  born  March  15th,  1869,  at  Hava- 
na, Hall  County,  Alabama.  His  father  was  a  pioneer  Methodist 
preacher,  and  was  Chaplain  in  the  Condeferate  Army.  Mr. 
Powers  attended  County  School  at  Bladen,  Alabama,  and  also 
Livingston  Academy  and  Tuskegee  Military  University.  He 
began  his  collegiate  course  at  Southern  University,  and  later 
studied  at  University  of  Chicago,  receiving  the  M.  A.  degree.  He 
was  Superintendent  of  City  Schools  at  West  Point,  Mississippi, 
when  Governor  Vardaman  appointed  him  State  Superintendent 
of  Education,  and  later  elected  by  the  people.  Mr.  Powers  was 
elected  Chancellor  of  the  State  University  in  1914,  which  position 
he  now  occupies. 

WILLIAM  H.  SMITH,  "Corn  Club"  Smith,  was  born  near 
Vernon,  Lamar  County,  Alabama,  in  1866.  He  obtained  his 
early  education  in  Lamar  County,  Alabama,  and  in  Clay  County, 
Mississippi.  He  received  his  high  school  training  at  Cairo,  Missis- 
sippi, under  W.  A.  Belk.  Later,  he  entered  the  luka  Normal 
Institute  and  was  graduated  in  1889.  Mr.  Smith  taught  at 
Ackerman,  Eupora,  and  Durant,  and  served  as  County  Superin- 
tendent in  Holmes  County,  from  1906  to  1910,  and  was  the  origin- 
ator of  Boys'  Corn  Club  Work  in  Mississippi.  In  1910  he  became 
State  Rural  School  Supervisor.  He  was  appointed  State  Super- 
intendent of  Education  in  September,  1914,  was  elected  in  1915, 
and  was  made  President  of  A.  &  M.  College  in  1916.  This  position 
he  now  holds. 

W.  F.  BOND,  the  present  incumbent  of  the  office  of  State 
Superintendent  of  Education,  is  a  native  of  Mississippi,  having 
been  born  in  the  rural  districts  of  Harrison  County,  February  22nd, 
1876.  He  was  appointed  to  the  State  Superintendency  by  Gov- 
ernor T.  G.  Bilbo  September  15th,  1916.  After  acquiring  a  com- 
mon school  education,  and  after  teaching  in  the  rural  public 
schools  for  a  period  of  five  years,  he  matriculated  in  Peabody 
College,  Nashville,  Tennessee,  where  after  a  course  of  study 
extending  through  four  years  he  was  graduated  with  the  degree  of 
Bachelor  of  Arts.  On  completing  his  college  course,  he  returned 
to  his  native  State,  and  served  as  teacher  in  various  capacities, 
conspicuous  positions  held  by  him  being  the  principalship  of  the 
High  School  at  Wiggins,  Mississippi,  and  the  Chair  of  History  and 
Latin  in  the  Mississippi  Normal  College.  The  latter  place  he 
filled  most  acceptably  for  four  years,  and  it  was  from  this  position 
that  he  was  elevated  to  the  State  Superintendency  of  Public  Educa- 
tion. With  little  or  no  resources  at  his  command  and  against 


SCHOOL  LAWS  OF  MISSISSIPPI  5 

adverse  circumstances  of  formidable  character,  he  has  by  dint  of 
unremitting  endeavor  and  will  power,  forged  his  way  from  an 
obscure  beginning  to  a  position  of  importance  and  leadership. 
During  his  two  years'  tenure  of  this  office,  he  has  shown  an  unusual 
grasp  of  the  State  educational  system;  and  by  better  organization 
and  administrative  methods,  he  hopes  to  make  the  common  schools 
more  effective  and  to  bring  them  to  a  larger  service  of  the  people. 
His  ambition  is  to  have  a  first  rate  public  school  in  every  commu- 
nity and  to  carry  high  school  advantages  to  all  the  boys  and  girls 
of  the  commonwealth.  As  State  Superintendent  of  Education,  he  is 
ex  officio  a  member  of  the  Board  of  Trustees  of  all  the  State  Col- 
leges, whereon  he  serves  with  ability  and  strives  in  every  laudable 
way  to  promote  higher  education  in  the  State  and  thus  to  round  out 
a  continuous  and  harmonious  system  of  public  education. 

Mr.  Bond  was  married  in  1905  to  Miss  Susie  Graham,  of 
Epley,  Mississippi,  who  was  a  pupil  of  his  at  the  time,  and  from 
this  union  have  sprung  four  happy  and  interesting  children. 


STATE  OFFICERS  1916-1919 

THEO.  G.  BILBO,  Governor Jackson 

LEE  M.  RUSSELL,  Lieutenant  Governor „ Oxford 

Jos.  W.  POWER,  Secretary  of  State Jackson 

Ross  A.  COLLINS,  Attorney  General Jackson 

DR.  J.  P.  TAYLOR,  Treasurer Jackson 

ROBT.  E.  WILSON,  Auditor Jackson 

W.  F.  BOND,  Superintendent  of  Education,..- Jackson 

T.  M.  HENRY,  Insurance  Commissioner. Jackson 

GEO.  C.  MYERS,  Supreme  Court  Clerk. Jackson 

M.  A.  BROWN,  Land  Commissioner. Jackson 

STOKES  V.  ROBERTSON,  Revenue  Agent Jackson 

P.  P.  GARNER,  Commissioner  of  Agriculture Jackson 

GEO.  R.  EDWARDS,  R.  R.  Commissioner,  1st  District McCool 

F.  M.  SHEPPARD,  R.  R.  Commissioner,  2nd  District Richton 

W.  B.  WILSON,  R.  R.  Commissioner,  3rd  District Corinth 

W.  A.  MONTGOMERY,  Prison  Trustee,  1st  District Edwards 

J.  F.  THAMES,  Prison  Trustee,  2nd  District Mendenhall 

L.  Q.  STONE,  Prison  Trustee,  3rd  District Tupelo 

E.  F.  ANDERSON,  Bank  Examiner,  1st  District Clinton 

J.  S.  LOVE,  Bank  Examiner,  2nd  District..^ Hattiesburg 

S.  S.  HARRIS,  Bank  Examiner,  3rd  District Tupelo 

E.  C.  SCALES,  Adjutant  General Jackson 

DUNBAR  ROWLAND,  Archives  and  History Jackson 

MRS.  W.  F.  MARSHALL,  State  Librarian Jackson 

X.  A.  KRAMER,  Highway  Engineer Jackson 

E.  N.  LOWE,  State  Geologist : Jackson 

SUPREME  COURT  JUDGES. 

JUDGE  SIDNEY  SMITH....._ „ Jackson 

JUDGE  J.  B.  HOLDEN Jackson 

JUDGE  E.  O.  SYKES Jackson 

JUDGE  S.  C.  COOK..._ Jackson 

JUDGE  J.  MORGAN  STEVENS Jackson 

JUDGE  GEORGE  H.  ETHRIDGE Jackson 

STATE  DEPARTMENT  OF  EDUCATION. 

W.  F.  BOND Superintendent 

J.  W.  BROOM Assistant  Superintendent 

J.  T.  CALHOUN : Rural  School  Supervisor 

BURA  HILBUN Supervisor  of  Negro  Schools 

F.  J.  HUBBARD Director  of  Secondary  Agricultural  Education 

S.  J.  GREER Assistant  Director  of  Agricultural  Education 

Miss  MAUD  ALLEN. Secretary 

Miss  PATTI  M.  BATSON r Secretary 

Miss  DOROTHY  Q.  MALTBY. Secretary 


SCHOOL  LAWS  OF  MISSISSIPPI  7 

STATE  BOARD  FOR  VOCATIONAL  EDUCATION. 

W.  F.  BOND,  Superintendent Executive  Officer 

J.  W.  BROOM Assistant  Superintendent 

DR.  D.  C.  HULL .Superintendent  of  Meridian  City  Schools 

J.  T.  CALHOUN Rural  School  Supervisor 

BURA  HILBUN Supervisor  of  Negro  Schools 

MRS.  BESSIE  S.  LASH Secretary 

STATE  BOARD  OF  EDUCATION. 

Jos.  W.  POWER j Secretary  of  State 

Ross  A.  COLLINS Attorney  General 

W.  F.  BOND State  Superintendent  of  Education 

STATE  BOARD  OF  EXAMINERS. 

G.  W.  HUDDLESTON,  President. 

0.  A.  SHAW,  B.  T.  SCHUMPERT, 

MRS.  SUSIE  BOND,  Secretary. 

TRUSTEES  OF 

UNIVERSITY  OF  MISSISSIPPI,  INDUSTRIAL  INSTITUTE 

AND   COLLEGE,   AGRICULTURAL  AND   MECHANICAL 

COLLEGE,   AND   THE  ALCORN  AGRICULTURAL  AND 

MECHANICAL  COLLEGE. 

GOVERNOR  THEO.  G.  BILBO,  President Jackson 

W.  F.  BOND Jackson 

O.  F.  LAWRENCE Grenada 

E.  L.  BRIEN Vicksburg 

R.  P.  LINFIELD Gulfport 

LEE  M.  RUSSELL Oxford 

BEE  KING Mendenhall 

W.  C.  TROTTER Winona 

J.  S.  HOWERTON : Guntown 

J.  R.  TIPTON  (University  only) Hernando 

TRUSTEES  STATE  NORMAL  COLLEGE. 

GOVERNOR  THEO.  G.  BILBO President 

W.  F.  BOND Jackson 

W.  E.  STOKES Macon 

T.  C.  KIMBROUGH West  Point 

E.  E.  FRANTZ ."_ Jackson 

J.  W.  FOOTE Hattiesburg 

J.  F.  BURROW Ruleville 

FRED  SMITH Ripley 

Jos.  E.  NORWOOD Magnolia 

L.  P.  BROWN,  SR Meridian 


8  SCHOOL  LAWS  OF  MISSISSIPPI 

PRESIDENTS  OF  STATE  INSTITUTIONS. 

J.  N.  POWERS,  Oxford University  of  Mississippi 

W.  H.  SMITH,  Agricultural  College 

Agricultural  &  Mechanical  College 

H.  L.  WHITFIELD,  Columbus Industrial  Institute  &  College 

JOE  COOK,  Hattiesburg State  Normal  College 

L.  J.  ROWAN,  Alcorn Alcorn  Agricultural  &  Mechanical  College 

MISSISSIPPI  TEXT  BOOK  COMMISSION. 

SUPERINTENDENT  W.  F.  BOND,  ex  officio Jackson,  Mississippi 

T.  M.  SYKES,  Secretary Meridian,  Mississippi 

H.  B.  HEIDELBERG Clarksdale,  Mississippi 

R.  H.  WATKINS Laurel,  Mississippi 

W.  V.  FRIERSON _ Columbus,  Mississippi 

J.  G.  BRIDGES Meadville,  Mississippi 

L.  H.  JOBE Ripley,  Mississippi 

B.  L.  COULTER =. Ackerman,  Mississippi 

MONROE  BALL Florence,  Mississippi 

MISSISSIPPI  AGRICULTURAL  HIGH  SCHOOL 
BOOK  COMMISSION. 

SUPERINTENDENT  W.  F.  BOND,  ex  officio Jackson,  Mississippi 

F.  J.  HUBBARD,  Secretary Jackson,  Mississippi 

M.  E.  MOREHEAD Courtland,  Mississippi 

A.  G.  GAINEY Senatobia,  Mississippi 

J.  A.  HUFF Poplarville,  Mississippi 

COUNTY  SUPERINTENDENTS 
COUNTY.  SUPERINTENDENT.  ADDRESS. 

Adams M.  C.  Montgomery. Natchez 

Amite. J.  N.  Steele Liberty 

Alcorn .'...W.  A.  McCord Corinth 

Attala. __ W.  A.  Hull Kosciusko 

Benton. W.  T.  Renick Ashland 

Bolivar... G.  H.  Armstrong Cleveland 

Calhoun....._ J.  O.  Rich Pittsboro 

Carroll D.  D.  Fullilove Vaiden 

Chickasaw. George  D.  Riley „ Houston 

Choctaw J.  F.  Bridges Ackerman 

Claiborne. S.  J.  Russell ..Willows 

Clarke G.  B.  Parker Quitman 

Clay. E.  H.  Walker West  Point 

Coahoma._.._ J.  M.  Brooks Clarksdale 

Copiah A.  A.  McAlpin Hazlehurst 


SCHOOL  LAWS  OF  MISSISSIPPI  9 

COUNTY  SUPERINTENDENT  ADDRESS 

Covington..... Alex.  Newton Collins 

DeSoto R.  E.  L.  Morgan Hernando 

Forrest...._ E.  J.  Carrie ...Hattiesburg 

Franklin...- W.  L.  Foreman Meadville 

George. W.  A.  Avera Lucedale 

Greene.__ Newton  James Leakesville 

Grenada. — M.   McKibben Grenada 

Hancock John  Craft Bay  St.  Louis 

Harrison W.  H.  Wood Gulfport 

Hinds..— F.  M.  Coleman Jackson 

Holmes.. J.  M.  Kimbrough Lexington 

Humphreys. T.  D.  Rice Belzpni 

Issaquena George  Robinson Mayersville 

Itawamba. J.  A.  Senter Fulton 

Jackson. A.  L.  Flurry Pascagoula 

Jasper. C.  E.  Watkins Bay  Springs 

Jefferson L.  L.  Posey Fayette 

Jefferson  Davis. W.  W.  Lee Prentiss 

Jones C.  W.  Jenkins Laurel 

Kemper- D.  W.  Jackson DeKalb 

Lafayette. C.  A.  McLarty Oxford 

Lamar A.  Q.  Broadus Purvis 

Lauderdale T.  C.  Lockard Meridian 

Lawrence. W.  L.  McGahey Monticello 

Leake.™ C.  M.  Langford Carthage 

Lee.- .....T.   M.   Milam Tupelo 

Leflore.— J.  R.  Hughes Greenwood 

Lincoln _ Barney  Grice Brookhaven 

Lowndes E.A.Stanley Columbus 

Madison G.  R.  Bennett Canton 

Marion. E.  I.  Watts Columbia 

Marshall J.  P.  Horton Holly  Springs 

Monroe W.  A.  Addington. Aberdeen 

Montgomery. Guy  C.  Burton Winona 

Neshoba. _ I.E.  Peebles Philadelphia 

Newton. M.  C.  Scarborough Decatur 

Noxubee J.  G.  Chandler Macon 

Oktibbeha.- C.  E.  Scroggins Starkville 

Panola. C.  B.  Young Sardis 

Perry ; W.  F.  Backstrom New  Augusta 

Pike H.  W.  Kenna Magnolia 

Pearl  River.— Leopold  Locke Poplarville 

Pontotoc. J.  R.  Spencer Pontotoc 

Prentiss G.  D.  Chambers Booneville 

Quitman F.  M.  Bizzell Marks 

Rankin. 1 H.  H.  Bullock Brandon 

Scott _ O.  D.  Loper ...     ...Forest 


10  SCHOOL  LAWS  OP  MISSISSIPPI 

COUNTY  SUPERINTENDENT  ADDRESS 

Sharkey. J.  N.  Hall Rolling  Fork 

Simpson J.  R.  Williamson Mendenhall 

Smith.- Allen  Caughman Raleigh 

Sunflower W.  P.  Sanders,  Jr _...Indianola 

Stone. C.  H.  Bass Wiggins 

Tallahatchie R.  H.  Harrison Charleston 

Tate. J.  T.  Cathey Senatobia 

Tippah J.  E.  Pearce Ripley 

Tishomingo N.  L.  Phillips luka 

Tunica L.  C.  Canon Tunica 

Union. '. T.  O.  Randall New  Albany 

WalthalL- C.  L.  Brumfield Tylertown 

Warren.- J.  H.  Culkin Vicksburg 

Washington. B.  L.  Hatch Greenville 

Wayne. J.  M.  Wilkins Waynesboro 

Webster. A.  C.Webb Walthall 

Wilkinson J.  C.  Day Woodville 

Winston.. Neal  Prisock Louisville 

Yalobusha.- J.  R.  Hodnett Water  Valley 

Yazoo. Hugh  Bull Yazoo  City 


CONSTITUTION  OF  MISSISSIPPI 


ARTICLE  VII. 
Education. 

Section  201.  It  shall  be  the  duty  of  the  legislature  to  en- 
courage, by  all  suitable  means,  the  promotion  of  intellectual, 
scientific,  moral  and  agricultural  improvement,  by  establish- 
ing a  uniform  system  of  free  public  schools,  by  taxation,  or 
otherwise,  for  all  children  between  the  ages  of  five  and  twenty- 
one  years,  and,  as  soon  as  practical,  to  establish  schools  of 
higher  grade. 

Sec.  202.  There  shall  be  a  superintendent  of  public  educa- 
tion elected  at  the  same  time  and  in  the  same  manner  as  the 
governor,  who  shall  have  the  qualifications  required  of  the 
secretary  of  state,  and  hold  his  office  for  four  years  and  until 
his  successor  shall  be  elected  and  qualified,  who  shall  have 
the  general  supervision  of  the  common  schools,  and  of  the 
educational  interests  of  the  state,  and  who  shall  perform  such 
other  duties  and  receive  such  compensation  as  shall  be  pre- 
scribed by  law. 

Sec.  203.  There  shall  be  a  board  of  education,  consisting  of 
the  secretary  of  state,  the  attorney-general,  and  the  superin- 
tendent of  public  education,  for  the  management  and  invest- 
ment of  the  school  funds,  according  to  law,  and  for  the  per- 
formance of  such  other  duties  as  may  be  prescribed.  The 
superintendent  and  one  other  of  said  board  shall  constitute 
a  quorum. 

Sec.  204.  There  shall  be  a  superintendent  of  public  educa- 
tion in  each  county,  who  shall  be  appointed  by  the  board  of 
education  by  and  with  the  advice  and  consent  of  the  senate, 
whose  term  of  office  shall  be  four  years,  and  whose  qualifica- 
tions, compensation  and  duties  shall  be  prescribed  by  law; 
provided,  that  the  legislature  shall  have  power  to  make  the 
office  of  county  superintendent  of  the  several  counties  elective, 
or  may  otherwise  provide  for  the  discharge  of  the  duties  of 
county  superintendent,  or  abolish  said  office. 

Sec.  205.  A  public  school  shall  be  maintained  in  each  school 
district  in  the  county  at  least  four  months  during  each  scholas- 
tic year.  A  school  district  neglecting  to  maintain  its  school 
four  months,  shall  be  entitled  to  only  such  part  of  the  free 
school  fund  as  may  be  required  to  pay  the  teacher  for  the  time 
actually  taught. 


12  CONSTITUTION  OF  MISSISSIPPI 

Sec.  206.  There  shall  be  a  county  common  school  fund, 
which  shall  consist  of  the  poll-tax,  to  be  retained  in  the  county 
where  the  same  is  collected,  and  a  state  common  school  fund, 
to  be  taken  from  the  general  fund  in  the  state  treasury,  which 
together  shall  be  sufficient  to  maintain  the  common  schools  for 
the  term  of  four  months  in  each  scholastic  year.  But  any 
county  or  separate  school  district  may  levy  an  additional  tax 
to  maintain  its  schools  for  a  longer  time  than  the  term  of 
four  months.  The  state  common  school  fund  shall  be  dis- 
tributed among  the  several  counties  and  separate  school  dis- 
tricts in  proportion  to  the  number  of  educable  children  in  each, 
to  be  determined  from  data  collected  through  the  office  of 
the  State  Superintendent  of  Education  in  the  manner  to  be 
prescribed  by  law. 

Sec.  207.  Separate  schools  shall  be  maintained  for  children 
of  the  white  and  colored  races. 

Sec.  208.  No  religious  or  other  sect,  or  sects,  shall  ever 
control  any  part  of  the  school  or  other  educational  funds  of 
this  state ;  nor  shall  any  funds  be  appropriated  toward  the 
support  of  any  sectarian  school;  or  to  any  school  that  at  the 
time  of  receiving  such  appropriation  is  not  conducted  as  a 
free  school. 

Sec.  209.  It  shall  be  the  duty  of  the  legislature  to  provide 
by  law  for  the  support  of  institutions  for  the  education  of 
the  deaf,  dumb,  and  blind. 

Sec.  210.  No  public  officer  of  this  state,  or  of  any  district, 
county,  city  or  town  thereof,  nor  any  teacher  or  trustee  of  any 
public  school,  shall  be  interested  in  the  sale,  proceeds  or  profits 
of  any  books,  apparatus  or  furniture  to  be  used,  in  any  public 
school  in  this  state.  Penalties  shall  be  provided  by  law  for 
the  violation  of  this  section. 

Sec.  211.  The  legislature  shall  enact  such  laws  as  may  be 
necessary  to  ascertain  the  true  condition  of  the  title  to  the 
sixteenth  sections  of  land  in  this  state,  or  land  granted  in  lieu 
thereof,  in  the  Choctaw  purchase,  and  shall  provide  that  the 
sixteenth  section  lands  reserved  for  the  support  of  township 
shools  shall  not  be  sold,  nor  shall  they  be  leased  for  a  longer 
term  than  ten  years  for  a  gross  sum;  but  the  legislature  may 
provide  for  the  lease  of  any  of  said  lands  for  term  not  ex- 
ceeding twenty-five  years  for  a  ground  rental,  payable  an- 
nually, and  in  case  of  uncleared  lands,  may  lease  them  for 
such  short  term  as  may  be  deemed  proper  in  consideration  of 
the  improvement  thereof,  with  right  thereafter  to  lease  for  a 
term  or  to  hold  on  payment  of  ground  rent. 

Sec.  212.  The  rate  of  interest  on  the  fund  known  as  the 
Chickasaw  school  fund,  and  other  trust  funds  for  educational 


CONSTITUTION  OF  MISSISSIPPI  13 

purposes,  for  which  the  state  is  responsible,  shall  be  fixed  and 
remain  as  long  as  said  funds  are  held  by  the  state  at  six  per 
centum  per  annum  from  and  after  the  close  of  the  fiscal  year 
A.  D.  1891,  and  the  distribution  of  said  interest  shall  be  made 
semi-annually  on  the  first  of  May  and  November  of  each  year. 
Sec.  213.  The  state  having  received  and  appropriated  the 
land  donated  to  it,  for  the  support  of  agricultural  and  me- 
chanical colleges,  by  the  United  States,  and  having,  in  further- 
ance of  the  beneficent  design  of  Congress  in  granting  said 
land,  established  the  agricultural  and  mechanical  college  of 
Mississippi,  and  the  Alcorn  agricultural  and  mechanical  col- 
lege, it  is  the  duty  of  the  state  to  sacredly  carry  out  the  con- 
ditions of  the  act  of  Congress  upon  the  subject,  approved 
July  2,  A.  D.  1862,  and  the  legislature  shall  preserve  intact 
the  endowments  to,  and  support,  said  colleges. 


Assessed  valuation 
of  county  1917 


(NNO^^^CQiO^tO 


co     ;     ; 


County  levy  for 
A.  H.  S  _________ 


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a  a 


c/5  c/3  c/i 


see 


pJSS 

'I -I  a 


is  a 


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00000000000000000000000 


ooooooooooo 


Annual  salary  Co. 
Supt._—  _.-_.—  .... 


Illg 


lll 


Length  of  P.  S.  term  .. 


aaaaasaaaaaaaaaaaaaasaaaaa 


WWW    W-H    U 


No  consolidated 
schools  with 
transportation 


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To  colored  schools 


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10.  white  schools 


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for  schools-. 


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pproximate  Np. 
colored  teachers 


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Approximate   No. 
•hite  teachers 


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11 


SCHOOL  LAWS  OF 
MISSISSIPPI 

1918 


18  AGRICULTURAL  HIGH  SCHOOLS 

AGRICULTURAL  HIGH  SCHOOLS. 

CHAPTER  122. 

LAWS  1910. 
Sec.  3419  Hemingway's  Code. 

County  school  board  to  establish  county  agricultural  high 
schools. — 1.  The  county  school  board  in  each  county  in  the 
state  is  hereby  authorized  and  empowered  to  establish  not 
more  than  two  agricultural  high  schools  in  the  county,  and 
determine  their  location,  one  for  white  youths  exclusively  and 
the  other  for  colored  youths  exclusively,  in  which  instruction 
shall  be  given  in  high  school  branches,  theoretical  and  practi- 
cal agriculture,  domestic  science,  and  in  such  other  branches 
as  the  board  may  hereafter  provide  for,  may  make  a  part  of 
the  curriculum,  subject  to  review  and  correction  by  the  State 
Board  of  Education. 

If  only  one  school  be  established  at  first,  the  school  board 
shall  have  power  at  any  subsequent  time  to  establish  an  addi- 
tional school  whenever  the  necessity  for  the  same  shall  arise. 

CHAPTER  196. 

LAWS  1916. 
Sec.  3420,  Hemingway's  Code. 

Tax  levy — When  election  not  necessary — When  necessary. 

— The  board  of  supervisors  of  any  county  where  an  agricul- 
tural high  school  shall  have  been  established  by  the  school 
board,  shall  levy  on  the  taxable  property  in  the  county  at  the 
time  the  annual  tax  levy  is  made  for  the  support  and  main- 
tenance of  said  school.  In  case  there  be  two  agricultural 
high  schools  in  any  county,  the  board  shall  levy  a  separate 
tax  for  the  support  of  each  school,  and  the  taxes,  when  col- 
lected, shall  only  be  used  for  the  support  and  maintenance  of 
the  particular  school  for  which  the  tax  is  levied;  provided, 
that  the  tax  levy  for  agricultural  high  school  purposes  for 
any  one  year  shall  not  exceed  two  mills  for  each  school  estab- 
lished; and,  provided  further,  that  within  twenty  days  after 
a  levy  has  been  made  twenty  per  cent,  of  the  qualified  electors 
of  said  county  may  file  with  the  clerk  of  the  board  of  super- 
visors a  petition  asking  that  the  tax  for  the  support  of  either 
one  or  both,  agricultural  high  schools  be  not  levied,  then  the 
question  shall  be  submitted  to  an  election  of  the  qualified 
electors  of  the  county  within  thirty  days  after  the  next  meet- 
ing of  the  board  of  supervisors  after  the  filing  of  the  petition, 


AGRICULTURAL  HIGH  SCHOOLS  19 

at  which  election  said  electors  may  vote  against  the  tax  levied 
for  the  support  of  either  one  or  both  schools,  and  should  a 
majority  of  the  votes  cast  be  against  the  tax  levied  for  the 
support  of  either  one  or  both  schools,  then  the  levy  of  the 
board  for  the  support  of  that  school  or  of  both  schools,  as  the 
case  may  be,  shall  be  null  and  void,  and  the  tax  collector  shall 
refuse  to  collect  such  tax  so  voted  against;  but  should  a  ma- 
jority of  the  votes  be  for  the  tax  levied  in  support  of  either 
or  both  schools,  then  the  tax  collector  shall  proceed  to  collect 
the  tax  so  authorized  as  all  other  taxes  are  collected,  receiving 
the  lawful  commission  for  such  collections.  The  tax  collected 
shall  be  deposited  with  the  county  treasurer,  to  be  paid  out 
by  him  on  the  order  of  the  board  of  trustees  for  the  high 
school  or  high  schools.  When  a  majority  of  the  votes  be  for 
the  tax  levied  in  support  of  either  or  both  schools,  or  if  the 
school  be  established  and  the  tax  levied  without  an  election, 
then  another  election  shall  not  be  held  for  the  purpose  of 
voting  against  the  tax  levied  within  a  period  of  four  years 
from  the  date  of  said  election,  and  in  no  case  shall  the  tax 
levy  for  an  agricultural  high  school,  which  maintains  an 
average  boarding  patronage  of  thirty-five  pupils,  be  sub- 
mitted to  an  election. 

Amends  Laws  1914,  ch.  191,  which  amended  Laws  1910,  ch.  122,  §  2. 

CHAPTER  186. 

LAWS  1914. 
Sec.  3421  Hemingway's  Code. 

Trustees,  appointment. — 3.  The  government  and  control  of 
county  agricultural  high  schools  in  any  county  shall  be  vested 
in  a  board  of  five  trustees,  one  from  each  supervisor's  district, 
two  of  whom  shall  be  elected  by  the  board  of  supervisors, 
two  by  the  county  school  board  and  the  county  superintendent 
of  education  shall  constitute  the  fifth  member;  two  of  the 
number  first  elected  shall  serve  for  a  term  of  two  years,  and 
their  successors  shall  serve  for  a  term  of  three  years,  and  two 
shall  serve  for  a  term  of  four  years;  all  regular  terms  shall 
be  for  a  term  of  four  years.  The  trustees  shall  have  control 
of  the  property,  elect  and  fix  salaries  of  all  teachers  in  the 
agricultural  department  of  the  school  and  shall  have  full 
power  to  do  all  things  necessary  to  the  successful  operation 
of  said  school.  And  that  each  member  of  the  board  of  trus- 
tees, county  superintendent  excepted,  receive  their  actual  ex- 
penses while  on  duty,  provided  said  expenses  do  not  exceed 
three  dollars  ($3.00)  per  day,  to  be  paid  out  of  the  county 
agricultural  high  school  funds,  on  receipt  of  an  itemized  state- 
ment issued  to  county  superintendent.  When  a  common  school 


20  AGRICULTURAL  HIGH  SCHOOLS 

is  taught  in  connection  with  an  agricultural  high  school  the 
election  of  teachers  for  the  common  school  department  shall 
be  made  by  the  common  school  trustees  in  the  same  manner 
as  are  required  of  other  common  school  trustees. 

Amends  Laws  1910,  €h.  122,  §  3. 

CHAPTER  122. 

LAWS  1910. 
Sec.  3422  Hemingway's  Code. 

Joint  school  established  in  adjacent  counties. — 4.  In  case 
the  school  boards  of  two  adjacent  counties  shall  so  decide,  the 
two  adjacent  counties  may  unite  in  establishing  an  agricul- 
tural high  school  or  two  schools,  one  for  each  race.  The 
school  boards  of  the  two  counties  shall  meet  in  joint  session 
to  determine  the  location  of  the  school,  or  schools,  and  if  no 
place  can  be  agreed  upon  by  a  majority  of  the  joint  board  for 
either  school,  the  two  highest  places  shall  be  certified  by  the 
board  to  the  State  Board  of  Education,  who  shall  select  one 
of  them  as  the  site  for  the  school. 

Chap.  122,  Laws  1910.  Sec.  3423  Hemingway's  Code. 

Joint  school  governed  by  eleven  trustees — Terms  of  trustees 
— Each  county  to  levy  special  tax. — The  government  of  the 
school  shall  be  vested  in  eleven  trustees,  five  to  be  selected  by 
each  county  in  the  same  manner  designated  in  section  3 
(§  3421,  this  Code)  Chapter  186,  Laws  1914  of  this  act,  and  the 
eleventh  to  be  chosen  by  the  ten  so  selected;  in  case  no  one 
receives  a  majority  of  all  the  votes  of  the  ten  members,  the 
eleventh  man  shall  be  selected  by  lot  from  the  two  highest  in 
the  voting.  The  terms  of  the  five  trustees  from  each  county 
shall  be  as  provided  in  section  3  (§  3421,  this  Code),  Chapter 
186,  Laws  1914),  and  the  eleventh  member  shall  serve  for  four 
years.  In  levying  the  taxes  provided  for  in  (§  3420,  this 
Code),  Chapter  196,  Laws  1916,  each  county  shall  act  inde- 
pendently, but  if  one  county  joining  another  in  establishing  a 
school  shall  decline  to  levy  the  tax,  the  other  county  may  nev- 
ertheless do  so,  in  which  event,  the  joint  plan  shall  thereby  be 
abandoned,  and  the  county  levying  the  tax  may  proceed  inde- 
pendently as  though  the  joint  plan  had  never  been  begun.  In 
case  two  counties  join  in  establishing  a  joint  school,  and  each 
county  levies  a  special  tax  provided  for  in  (§  3420,  this 
Code),  Chapter  196,  Laws  1916,  the  tax  collector  of  each 
county  shall  collect  the  tax  in  his  county  and  pay  the  same 
to  the  county  treasurer  of  his  county.  In  paying  the  expenses 
of  either  school  the  trustees  shall  draw  on  the  funds  of  each 
county  provided  for  that  school  equitably  as  near  as  may  be  in 


AGRICULTURAL  HIGH  SCHOOLS  21 

proportion  to  the  amount  of  tax  collected  for  that  school  by 
each  county ;  or  if  no  tax  is  levied  shall  draw  on  any  fund  in 
the  treasury  of  the  respective  counties  provided  by  law  for 
the  support  of  that  school  in  proportion  to  the  number  of 
educable  children  attending  said  school  from  each  county.  The 
board  of  trustees  of  a  school  established  by  the  joint  action  of 
two  counties  shall  have  all  the  power  and  discharge  all  the 
duties  appertaining  to  boards  of  trustees  of  schools  where  only 
one  county  is  interested. 

CHAPTER  193. 

LAWS  1916. 
Sec.  3424  Hemingway's  Code. 

State  superintendent  to  visit  high  schools  and  make  report 
— State  board  of  education  to  make  requisition  on  auditor  of 
public  accounts  for  amount  due  schools. — 1.  When  the  state 
superintendent  of  education  shall  have  received  from  the 
county  superintendent  of  education  of  any  county  a 
statement  showing  that  an  agricultural  high  school  has 
been  located  by  the  county  school  board;  that  the  land, 
as  herein  provided,  has  been  acquired,  necessary  levy  made 
by  the  board  of  supervisors,  as  heretofore  provided  for  in  this 
act,  and  suitable  buildings  have  been  erected,  including  a 
boarding  department,  where  not  less  than  forty  students  may 
have  dormitory  and  dining-room  facilities,  then  the  state  sup- 
erintendent shall  visit  such  school,  and  after  a  thorough  in- 
spection thereof  shall  make  a  full  and  complete  report  of  said 
inspection  to  the  state  board  of  education.  Should  it  appear 
to  the  state  board  of  education  that  it  would  be  to  the  interest 
of  the  state,  the  board  shall  draw  an  order  on  the  auditor  in 
favor  of  the  county  treasurer  for  the  sum  of  fifteen  hundred 
dollars  ($1,500.00)  for  the  use  of  the  trustees  of  the  high 
school  or  schools,  and  the  auditor  shall  issue  his  warrant  an- 
nually on  the  treasurer  for  this  •  amount,  but  not  more  than 
fifteen  hundred  dollars  ($1,500.00)  shall  be  paid  to  any  one 
county  in  one  year  for  agricultural  high  school  purposes, 
except  in  case  of  a  joint  school,  when  the  amount  shall  not 
exceed  three  thousand  dollars  to  joint  counties  except  as 
hereinafter  provided. 

Chap.  193,  Laws  1916.  Sec.  3425  Hemingway's  Code. 

Amends  Laws  1910,  ch.  122,  §  5,  and  Laws  1912,  ch.  254. 

Amount  drawn  by  schools. — When  the  number  of  boarding 
students  shall  exceed  thirty  pupils,  then  the  school  shall  res 
ceive  two  thousand  dollars  ($2,000.00)  per  year,  and  if  the 


22  AGRICULTURAL  HIGH  SCHOOLS 

number  of  boarding  pupils  shall  exceed  forty,  then  the  school 
draw  two  thousand  five  hundred  dollars  ($2,500.00)  annually. 

In  case  a  school  or  schools  shall  be  established  by  two 
counties,  acting  jointly,  the  sum  of  three  thousand  dollars 
($3,000.00)  shall  be  paid  to  the  trustees  of  the  school  or 
schools,  and  this  sum  shall  be  equally  divided  and  one-half 
distributed  to  the  treasurer  of  each  county. 

Provided,  further,  in  case  of  a  joint  agricultural  high  school 
established  by  two  counties  acting  jointly,  that  when  the  num- 
ber of  boarding  students  shall  exceed  sixty  pupils,  then  such 
school  shall  receive  three  thousand  five  hundred  dollars 
($3,500.00),  and  if  the  number  of  boarding  pupils  of  such 
school  shall  exceed  eighty,  then  such  school  shall  receive  four 
thousand  dollars  ($4,000.00)  annually. 

Provided,  that  no  aid  shall  be  given  an  agricultural  high 
school  until  the  state  board  of  education  has  approved  the 
plans  for  the  building  and  the  course  of  study  for  the  same. 
The  appropriation  from  the  state  treasury  shall  be  made  an- 
nually, but  the  state  aid  may  be  withdrawn  at  any  time,  when 
the  state  board  of  education  finds  that  a  school  is  not  being 
legally  conducted  for  the  purposes  for  which  this  act  was  es- 
tablished. 

Amends  Laws  1910,  ch.  122,  §  5. 

CHAPTER  122. 

LAWS  1910. 
Sec.  3426,  Hemingway's  Code. 

Detailed  statement  made  to  board  of  supervisors  of  receipts 
and  disbursements. — 6.  The  board  of  trustees  of  the  schools 
provided  for  in  this  act  shall  make  detailed  statements  of  re- 
ceipts and  disbursements  to  the  board  of  supervisors  and 
county  superintendent  of  education  annually  on  the  first  Mon- 
day of  July,  and  the  county  superintendent  of  education  shall 
transmit  to  the  state  superintendent  of  education  a  copy  of 
said  detailed  statement  which  shall  be  embodied  in  his  bi- 
ennial report  to  the  legislature. 

Chap.  122,  Laws  1910.  Sec.  3427  Hemingway's  Code. 

Trustees  sole  judges  of  eligibility  of  applicants.— 7.  The 
board  of  trustees  of  each  county  shall  be  the  judges  of  the 
eligibility  of  all  applicants  for  admission  to  any  agricultural 
high  school  in  their  respective  counties  and  shall  not  permit 
any  applicant  to  become  a  student  therein  when  in  the  opinion 


AGRICULTURAL  HIGH  SCHOOLS  23 

of  said  trustees  the  moral  and  mental  characteristics  of  the 
applicant  are  such  as  would  prove  detrimental  to  the  good 
morals  of  the  institution. 
Chap.  122,  Laws  1910.  Sec.  3428  Hemingway's  Code. 

Legislature  to  make  appropriations. — 8.  It  shall  be  the  duty 
of  the  legislature  to  make  appropriations  to  meet  the  con- 
ditions of  this  act. 

CHAPTER  11. 
LAWS  1911. 
Sec.  3429  Hemingway's  Code. 

Municipalities  to  issue  bonds  for  the  purpose  of  procuring 
the  establishment  of,  and  aiding,  and  maintaining  agricultural 
high  schools. — 1.  That  the  municipalities  of  Mississippi  be  and 
they  are  hereby  authorized  and  empowered  to  issue  municipal 
bonds  to  aid  in  procuring  the  establishment,  location  and 
maintenance  of  agricultural  high  schools,  which  have  been  or 
may  hereafter  be  established,  under  chapter  122  of  the  Laws 
of  1910,  entitled,  "An  act  to  provide  for  the  establishment  of 
county  agricultural  high  schools,  and  to  provide  for  the  equip- 
ment and  maintenance  of  same."  Said  bonds  shall  be  issued 
in  accordance  with  sections  3416,  3419  and  3420  of  the  Code 
of  1906,  and  acts  amendatory  thereto,  which  bonds  shall  not 
be  included  in  computing  any  limit  which  is  now  placed  by 
law  on  the  amount  of  bonds  to  be  issued  by  a  municipality. 
Should  there  be  a  protest  against  said  bonds  sufficient  to  re- 
quire an  election,  a  majority  of  the  votes  cast  in  such  election 
shall  determine  the  result;  if  a  majority  of  those  voting  in  an 
election  held  for  that  purpose  shall  cast  their  vote  for  the  said 
bond  issue,  then  the  bonds  shall  be  issued.  The  proceeds  of 
the  sale  of  said  bonds  shall  be  used  for  the  purchase  of  land, 
or  erecting  buildings,  or  in  any  way  to  aid  in  the  establish- 
ment and  maintenance  of  county  agricultural  high  schools. 

CHAPTER  136. 

LAWS  1910. 
Sec.  3430  Hemingway's  Code. 

Establishing  location  of  schools. — 1.  The  county  school 
board,  in  counties  where  an  agricultural  high  school  has  been 
established  under  and  by  virtue  of  chapter  102,  Laws  of  1908, 
shall,  in  locating  the  agricultural  high  school  or  schools,  pro- 
vided for  in  Senate  Bill  No.  4,  passed  at  the  1910  session  of 
the  legislature,  locate  whichever  school  may  first  be  established 
in  the  county  at  the  place  where  the  school  so  established 
under  chapter  102, 'Laws  of  1908,  is  located;  provided  that  all 


24  AGRICULTURAL  HIGH  SCHOOLS 

the  conditions  under  which  such  school  was  located  have  been 
or  shall  be  fully  complied  with.  And  the  trustees  of  such 
school  established  under  said  Senate  Bill  No.  4  shall  succeed 
to  all  the  property  and  effects  belonging  to  or  appertaining 
to  the  school  established  under  said  chapter  102,  Laws  of 
1908,  for  the  purpose  of  conducting  an  agricultural  high 
school  as  provided  in  said  Senate  Bill  No.  4. 

Laws  1908,  ch.  102,  was  declared  unconstitutional,  as  it  provides  for 
a  school  for  whites  only.  McFarland  v.  Goins,  96  Miss.  67,  50  So.  493. 

CHAPTER  126. 

LAWS  1910. 
Sec.  3431  Hemingway's  Code. 

Funds  of  county  agricultural  high  school  to  be  paid  out  on 
order  of  board  of  trustees. — 2.  All  funds  derived  from  taxes 
collected  under  the  provisions  of  chapter  102,  Laws  of  1908, 
now  in  the  hands,  or  hereafter  coming  into  the  hands  of  the 
county  treasurer,  may  be  paid  out  by  the  treasurer  on  the 
order  of  the  trustees  of  the  agricultural  high  school  or  schools 
of  the  county  hereafter  established,  and  expend  the  same  as 
if  collected  under  the  provisions  of  Senate  Bill  No.  4,  passed 
at  the  1910  session  of  the  legislature  in  relation  to  such  high 
schools. 

CHAPTER  150. 

LAWS  1912. 
Sec.  3432  Hemingway's  Code. 

Authorizing  cpunty  supervisors  to  issue  bonds  for  agricul- 
tural high  schools. — 1.  The  board  of  supervisors  of  any  county 
which  has  resolved  and  determined  to  accept  the  terms  of  the 
law  relative  to  the  locating  and  establishing  of  agricultural 
high  schools,  may  issue  bonds  upon  the  property  of  said 
county  to  aid  in  the  building,  equipment,  and  in  any  other 
way  the  establishment  of  agricultural  high  schools  to  an 
amount,  which  added  to  all  its  bonded  indebtedness,  shall 
not  exceed  ten  per  centum  on  the  assessed  value  of  the  taxable 
property  of  the  county  appearing  on  the  assessment  rolls  of 
the  preceding  year,  and  which  shall  mature  not  later  than 
twenty-five  years  from  the  date  of  their  issuance,  and  bearing 
interest  at  a  rate  not  exceeding  six  per  centum  per  annum, 
payable  annually,  and  such  bonds  shall  be  payable  after  five 
years,  at  the  option  of  the  county.  Said  bonds  shall  be  litho- 
graphed or  engraved  and  printed  in  two  or  more  colors  to 
prevent  counterfeiting,  and  shall  be  in  sums  not  less  than  one 
hundred  dollars  nor  more  than  two  thousand  dollars  each  and 


AGRICULTURAL  HIGH  SCHOOLS  25 

shall  be  registered  as  they  are  issued,  be  numbered  in  regular 
series  from  one  upward,  be  signed  by  the  president  of  the 
board  of  supervisors  and  countersigned  by  the  clerk,  who 
shall  impress  the  seal  upon  each  bond  as  it  is  issued,  and 
every  such  bond  shall  specify  on  its  face  the  purpose  for  which 
it  was  issued  and  the  total  amount  authorized  to  be  issued, 
and  each  shall  be  made  payable  to  bearer,  and  the  bonds  so 
issued  shall  not  be  sold  for  less  than  their  face  value.  The 
board  shall  levy,  annually,  a  special  tax  to  be  used  exclusively 
in  paying  the  interest  on  such  bonds  and  in  providing  a  sink- 
ing fund  for  their  redemption.  When  a  sufficient  sum  of 
said  sinking  fund  shall  have  accumulated  the  board  of  super- 
visors may  loan  such  accumulation  at  a  rate  of  interest  not 
less  than  six  per  cent,  and  on  such  terms  and  for  such  time 
not  longer  than  the  date  fixed  for  the  maturity  of  said  bonds, 
such  loan  to  be  secured  upon  improved  real  estate  at  one-half 
of  its  assessed  value,  and  upon  abstract  of  such  real  estate  as 
provided  for  the  loan  of  funds  arising  from  the  sale  or  lease 
of  sixteenth  section  lands.  Provided,  further,  that  within 
three  weeks  after  notice  by  publication  has  been  made  of  the 
intention  to  issue  bonds  ten  per  cent,  of  the  adult  taxpayers 
of  the  county,  exclusive  of  those  who  pay  poll  tax  only,  shall 
petition  against  the  issuance  of  said  bonds,  then  the  question 
shall  be  submitted  to  the  qualified  electors  of  the  county 
within  twenty  days  after  the  next  meeting  of  the  board  of 
supervisors,  after  filing  of  the  petition,  and  should  a  majority 
of  the  male  taxpayers  voting  in  such  election  vote  against  the 
bond  issue  the  bonds  shall  not  be  issued  and  the  order  shall 
be  null  and  void. 

Chap.  150,  Laws  1912.  Sec.  3433  Hemingway's  Code. 

Proceeds  of  bonds,  how  used. — 2.  That  the  proceeds  of  the 
sale  of  such  bonds  shall  be  used  only  for  the  establishment, 
equipment,  erection  of  buildings,  purchasing  lands,  live  stock, 
or  other  necessary  improvements  and  shall  be  disbursed  by 
the  board  of  trustees  of  the  agricultural  high  schools  and  an 
itemized  statement  of  all  funds  and  disbursements  shall  be 
made  to  the  board  of  supervisors. 


26  CONSOLIDATED  SCHOOLS 

CONSOLIDATED  SCHOOLS. 

CHAPTER  124. 

LAWS  1910. 
Sec.  3999  Hemingway's  Code. 

Funds  where  more  than  four  schools  are  to  be  consolidated. 

— 2.  Should  more  than  four  schools  be  consolidated  into  one 
school,  the  salary  of  two  teachers  of  the  consolidated  schools 
may  be  expended  in  the  transportation  of  pupils  to  said  school 
as  above  provided. 

CHAPTER  180. 

LAWS  1916. 
Sec.  4000  Hemingway's  Code. 

To  provide  transportation  for  pupils  of  consolidated  school 
districts — 1.  Where  two  or  more  schools  are  consolidated  into 
one  school  by  the  county  school  board,  the  board  of  public 
school  trustees  for  said  consolidated  school,  together  with  the 
county  superintendent,  are  authorized  and  empowered  to  pro- 
vide means  for  the  transportation  of  pupils  living  two  miles 
or  more  from  the  consolidated  school  to  and  from  the  school- 
house  in  the  district,  under  such  rules  and  regulations  as  may 
be  prescribed  by  the  state  board  of  education;  provided,  that 
a  consolidated  school  using  a  transportation  wagon  or  wagons 
or  levying  a  tax  for  school  purposes  which  have  been  or  may 
at  any  future  time  be  formed  can  not  have  any  of  its  territory 
released  by  the  county  school  board,  except  on  a  petition  of 
a  majority  of  the  qualified  electors  of  said  school  district. 

Amends  Laws  1912,  ch.  255,  which  amended  Laws  1910,  ch.  124. 
Amends  Laws  1914,  ch.  196,  which  amended  Laws  1912,  ch.  255,  §  3. 
As  to  constitutionality  of  this  section  see  Bufkin  v.  Mitchell,  106 
Miss.  253,  63  So.  458,  construing  a  similar  act.    Laws  1912,  ch.  255. 

Chap.  180,  Laws  1916.  Sec.  4001  Hemingway's  Code. 

Expense  paid  out  of  school  fund  on  sworn  itemized  accounts 
— Duty  of  trustees  and  county  superintendent. — 2.  The  expense 
necessary  to  carry  this  act  into  effect  and  provide  for  the 
transportation  of  the  pupils,  as  provided  in  Section  1  of  this 
act,  shall  be  paid  out  of  the  school  fund  of  the  county.  At 
the  end  of  each  scholastic  month  the  person  or  persons  em- 
ployed to  transport  the  pupils  shall  file  with  the  county  sup- 
erintendent an  itemized  statement  of  his  services,  properly 
sworn  to  by  him  and  approved  by  at  least  two  of  the  trustees 
and  certified  to  by  him;  and  upon  filing  of  such  account  with 


CONSOLIDATED  SCHOOLS  27 

him  the;  county  superintendent  shall  issue  to  such  person  ft 
pay  certificate,  and  such  account  shall  be  filed  and  preserved 
in  his  office.  If  the  trustees,  without  good  cause,  refuse  to 
approve  said  itemized  account,  such  person  may  appeal  to  the 
county  superintendent,  who  shall  issue  his  pay  certificate 
without  the  approval  of  the  trustees,  in  case  he  decides,  after 
full  investigation,  in  favor  of  the  person  who  transports  the 
pupils.  Upon  the  presentation  of  the  pay  certificate  for  ser- 
vices rendered,  as  herein  set  out,  duly  attested  by  the  county 
superintendent,  the  clerk  of  the  board  •  of  supervisors  shall 
issue  a  warrant  in  the  manner  as  directed  for  the  issuance  of 
teachers  warrants  in  Section  4566  of  the  Mississippi  code  of 
1906.  The  oath  required  to  said  account  may  be  made  before 
the  county  superintendent. 

Chap.  180,  Laws  1916.  Sec.  4002  Hemingway's  Code. 

Tax  levied  for  school  purposes,  manner  of  changing  levy, 
assessment,  collection  of  tax,  bond  issue. — 3.  On  petition  of  a 
majority  of  the  qualified  electors  of  a  consolidated  school  dis- 
trict containing  not  less  than  twenty-five  square  miles,  and 
on  approval  of  the  county  school  board,  the  board  of  super- 
visors shall,  in  the  same  manner  as  provided  for  separate 
school  districts,  annually  levy  a  tax  on  the  property  of  said 
district  sufficient  to  pay  for  fuel,  transportation  wagons  and 
other  incidental  expenses,  erect  and  repair  school  buildings 
and  teachers  homes  for  the  district,  and  shall  levy  a  tax  suf- 
ficient to  maintain  the  school  of  said  district  after  the  expira- 
tion of  the  county  public  school  term,  or  to  supplement  during 
the  county  public  school  term;  provided,  a  free  public  school 
shall  be  maintained  therein  at  least  seven  months  in  each 
scholastic  year;  and  when  the* amount  of  the  required  tax  shall 
be  once  fixed,  it  shall  remain  the  same  for  each  successive 
year  or  as  long  as  the  district  is  maintained,  unless  changed 
by  a  petition  of  the  majority  of  the  qualified  electors  of  the 
district.  And  the  board  of  supervisors  may  issue  bonds  for  such 
consolidated  districts,  in  the  manner  provided  in  the  chapter 
on  municipalities,  to  erect,  repair  and  equip  school  buildings 
and  teachers  homes  for  said  district;  provided,  the  bonds  is- 
sued for  other  purposes  on  the  property  of  said  school  district 
shall  not  be  included  in  calculating  the  limit  on  the  amount 
to  be  issued  for  the  purposes  herein  provided,  but  only  such 
bonds  as  may  be  issued  for  said  district  as  a  separate  taxing 
unit,  shall  be  counted  in  calculating  the  limit  of  the  amount. 
The  tax  assessor  shall  make  a  separate  assessment  of  the 
property  of  such  district  and  the  county  tax  collector  shall 
collect  the  taxes  required  each  year  of  such  districts,  as  other 
taxes  are  collected,  and  deposit  the  same  with  the  county 
treasurer  to  the  credit  of  the  district  for  which  it  was  levied. 


28  CONSOLIDATED  SCHOOLS 

Such  funds  shall  be  disbursed  on  pay  certificates  issued  by 
the  county  superintendent,  on  the  order  of  the  trustees  of  the 
district.  The  expense  of  transporting  the  pupils  shall  be  borne 
by  the  district  after  the  expiration  of  the  county  public  school 
term. 

Code  1906. 

Acts  1912,  ch.  255,  §  3,  provides  that  the  tax  for  consolidated  school 
districts  shall  be  levied  in  the  same  manner  as  provided  for  separate 
school  districts,  while  Laws  1910,  ch.  217,  provides  for  the  levy  of  taxes 
for  separate  school  districts  in  such  a  manner  that  it  can  not  be 
doubted  that  the  intention  of  the  legislature  was  that  the  taxes  should 
be  levied  and  collected  regardless  of  the  date  upon  which  the  district 
was  created.  Illinois  &c.  R.  Co.  v.  Middleton,  109  Miss.  199,  68  So.  146. 

Under  Code  1906,  §  307,  and  under  §§  4255,  4257,  a  railroad's  prop- 
erty, situated  in  two  school  districts  of  a  county,  was  taxable  for  school 
purposes,  although  such  school  districts  were  created  after  the  first 
day  of  February  of  the  year  in  which  the  tax  was  levied,  since  the 
property  was  "subject  to  state  taxes  for  the  time  being."  Illinois  &c. 
R.  Co.  v.  Middleton,  109  Miss.  199,  68  So.  146. 

Laws  1912,  ch.  255,  §  3,  providing  for  the  levying  of  a  tax  for  the 
transportation  of  pupils  and  other  expenses  on  a  petition  of  a  majority 
of  the  qualified  electors  of  a  consolidated  school  district  containing 
not  less  than  twenty-five  square  miles,  does  not  require  that  such  dis- 
trict shall  contain  twenty-five  full  sections  of  land  in  order  that  the 
specified  tax  may  be  levied,  if  it  contains  the  required  area.  Purvis  v. 
Robinson,  110  Miss.  64,  69  So.  673. 

Chap.  180,  Laws  1916.  Sec.  4003  Hemingway's  Code. 

Privileges  of  consolidated  schools. — 4.  Such  consolidated 
district  may  make  its  school  a  graded  school  and  have  all  the 
privileges  granted  to  separate  school  districts  under  section 
4535  of  the  Mississippi  code  of  1906.  • 

CHAPTER  194. 

LAWS  1916. 
Sec.  4004  Hemingway's  Code. 

Consolidated  school  districts— Elections  affecting,  where  to 
be  held. — 1.  That  in  any  case  where  it  becomes  necessary  to 
hold  an  election  affecting  any  question  to  be  submitted  to  the 
qualified  electors  in  any  consolidated  school  district  in  this 
state,  as  now  provided  by  the  laws  of  the  state  forming  such 
consolidated  school  districts,  that  such  elections  shall  be  held 
at  the  schoolhouse  of  said  district,  or,  if  there  is  no  school- 
house,  the  election  shall  be  held  at  a  convenient  place  de- 
signated by  the  trustees  of  the  school.  And  that  the  com- 
missioners holding  such  election  shall  have  the  power  and 
authority  to  use  the  poll-books  of  such  county  containing  the 
names  of  the  registered  electors  who  may  reside  in  said  school 
district. 

Amends  Laws  1914,  ch.  184. 


CONSOLIDATED  SCHOOLS  29 

CHAPTER  182. 

LAWS  1914. 
Sec.  4005  Hemingway's  Code. 

Validating  bonds  issued  under  Laws  1912,  chapter  255. — 1. 

In  all  cases  where  any  bonds  have  been  issued  or  are  proposed 
to  be  issued,  or  may  be  hereafter  issued  by  any  school  district 
or  consolidated  school  district  in  any  county  in  the  state 
operating  under  House  Bill  No.  81,  chapter  No.  255,  of  the  acts 
of  the  legislature  of  1912,  where  all  the  preliminary  conditions 
required  by  law  have  been  complied  with  in  all  respects,  and 
where  there  may  be  a  question  or  doubt  in  respect  to  the  suf- 
ficiency of  the  title  to  said  statute,  under  which  the  bonds 
are  issued  and  which  provide  for  their  issuance,  said  bonds 
shall  be  held  and  treated  in  all  respects  the  same  as  if  the 
title  to  said  statute  had  been  ample  and  sufficient;  and  the 
defect  or  irregularity  arising  out  of  the  doubt  in  regard  to 
the  title  of  said  statute,  is  hereby  in  all  respects  cured  and 
ratified  and  the  bonds  are  to  be  held  valued  for  all  purposes 
whatever;  and  it  is  further  provided  expressly  that  such  de- 
fects or  irregularities  or  such  supposed  defects  or  irregulari- 
ties are  hereby  cured  as  fully  and  effectually  and  the  condi- 
tion of  the  issuance  of  said  bond  is  hereby  as  effectually  dis- 
pensed as  if  the  full  and  proper  statutory  authority  had  ex- 
isted in  the  first  instance  for  the  issuance  of  said  bonds. 

CHAPTER  224. 

LAWS  1914. 
Sec.  4006  Hemingway's  Code. 

School  bonds— To  validate  issues  under  Acts  1912.— 1.  All 

bonds  that  have  heretofore  been  issued  or  that  may  be  issued 
or  that  are  proposed  to  be  issued  by  any  consolidated  school 
district  under  the  act  of  February  9,  1912,  chapter  255  of  the 
Acts  of  1912,  are  hereby  validated  in  all  respects  so  far  as  the 
supposed  insufficiency  of  the  title  to  said  act  is  concerned, 
and  also  in  respect  to  any  irregularity  in  or  want  of  con- 
formity to  law  which  could  have  been  dispensed  with  by  an 
act  of  the  legislature  enacted  in  advance  of  the  issuance  Of, 
or  proposed  issuance  of  said  bonds,  provided  that  said  bonds 
issued,  or  to  be  issued,  shall  have  been,  or  shall  be  issued  in 
substantial  conformity  to  the  provisions  of  said  act  of  Feb- 
ruary 9,  1912.  The  purpose  of  this  act  is  to  ratify  and  vali- 
date by  this  act  as  a  curative  statute  any  and  all  irregularities 
in  the  issuance  of  said  bond  already  issued  under  said  act  that 
can  be  cured  by  curative  act,  and  that  could  have  been  dis- 
pensed with  in  advance  by  an  act  of  the  legislature,  and  to 
validate  all  bonds  proposed  to  be  issued  that  have  been  or 
that  may  be  issued  in  substantial  conformity  with  the  pro- 
visions of  said  act  of  February  9,  1912. 


30  CONSOLIDATED  SCHOOLS 

CHAPTER  234. 
LAWS  1918. 

AN  ACT  to  authorize  any  county  in  the  state  to  sel  lany  property  here- 
tofore used  for  school  purposes,  and  to  appropriate  the  proceeds 
thereof  to  the  maintenance  and  support  of  the  consolidated  schools 
in  the  districts  where  the  property  is  situated,  or  to  convey  said 
property  to  the  said  consolidated  schools. 

Counties  may  sell  certain  school  property  for  use  of  consolidated 
schools. 

SECTION  1.  Be  it  enacted  ~by  the  Legislature  of  the  State  of 
Mississippi,  That  any  county  in  this  state  owning  lands  or  houses 
which  have  been  used  for  school  purposes,  and  in  which  consoli- 
dated school  districts  have  been  organized  embracing  the  lands  or 
houses  heretofore  so  used,  or  where  consolidated  school  districts 
amy  hereafter  be  organized,  is  hereby  fully  authorized  and  em- 
powered upon  petition  of  a  majority  of  the  qualified  electors  re- 
siding in  the  territory  which  comprised  the  former  school  district, 
acting  through  its  board  of  supervisors,  to  sell  and  convey  any  or 
all  of  said  property  upon  such  terms  as  the  board  of  supervisors 
may  determine  to  be  to  the  best  interest  of  the  county,  and  to  ap- 
propriate the  proceeds  of  said  sales  to  the  support  and  mainten- 
ance of  the  consolidated  school  which  has  been  or  which  may  be 
established  in  the  district  where  said  lands  or  houses  may  be  situ- 
ated, or  to  convey  said  property  directly  to  said  consolidated 
schools  for  the  support  and  maintenance  thereof,  the  provisions 
of  this  act  shall  operate  to  validate  all  sales  heretofore  made. 

Sec.  2.    This  act  shall  take  effect  from  and  after  its  passage. 
Approved  March  20,  1918. 

CHAPTER  250. 
LAWS  1918. 

AN  ACT  to  validate  all  consolidated  school  district  or  separate  school 
district  bonds,  notes,  certificates  of  indebtedness  and  other  obliga- 
tions. 

Consolidated  school  obligations  validated. 

SECTION  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  all  bonds,  notes,  certificates  of  indebtedness  and 
other  obligations,  which  have  been  issued  or  ordered  issued,  by 
any  and  all  consolidated  school  districts  or  separate  school  dis- 
tricts, under  and  by  authority  of  any  general,  special,  local  or 
private  act  of  the  legislature  be,  and  they  are  hereby  in  all  things 
made  valid  and  legal,  and  are  binding  obligations  on  the  consoli- 
dated school  district  or  separate  school  districts  issuing  the  same, 
or  ordering  the  same  to  be  issued,  regardless  of  defects,  errors, 
omissions,  or  informalities  in  their  issuance  or  orders  of  issuance, 
or  in  the  organization  of  such  school  districts,  or  the  failure  of 
such  consolidated  school  districts  or  separate  school  districts  to 


CONSOLIDATED  SCHOOLS  31 

comply  with  any  law  or  part  of  law  providing  for  their  issuance, 
or  in  the  creation  or  organization  of  such  district. 

Act  applies  to  all  outstanding  obligations. 

Sec.  2.  That  this  act  shall  apply  to  all  such  bonds,  notes,  cer- 
tificates of  indebtedness,  or  other  such  obligations  already  issued 
and  outstanding,  or  ordered  to  be  issued,  and  such  obligations, 
bonds,  notes  and  certificates  of  indebtedness  are  hereby  made  in 
all  things  valid  and  legal,  provided,  it  shall  not  apply  to  bonds 
over  which  there  is  now  a  judicial  contest  and  upon  which  no 
money  has  been  paid. 

Sec.  3.  That  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  20, 1918. 

CHAPTER  254. 

LAWS  1918. 

AN  ACT  authorizing  the  payment  of  teachers  who  have  taught  public 
schools  heretofore  located  in  territory  afterwards  established  as  a 
consolidated  school  district,  where  because  of  a  failure  to  erect  a 
school  building  or  for  other  causes  the  consolidated  school  has  not 
been  taught. 

Consolidated  schools — regular  schools  may  be  taught  pending 
opening  of. 

SECTION  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  where  public  schools  heretofore  established  have 
been  formed  into  a  consolidated  school  district,  and  because  of  a 
failure  to  erect  the  consolidated  school  building,  or  for  other  rea- 
sons, the  consolidated  school  is  not  taught,  then  the  county  super- 
intendent of  education  is  hereby  authorized  and  empowered  to 
have  the  school  taught  as  heretofore  and  so  continue  until  said 
consolidated  school  is  opened  and  in  operation. 
Pay  of  teachers  in  such  cases. 

Sec.  2.  That  in  like  manner  the  superintendent  of  education 
and  proper  authorities  of  the  county  are  hereby  authorized  and 
empowered  to  pay  teachers  who  have  heretofore  or  are  teaching 
in  such  public  schools. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  March  13,  1918. 


32  PUBLIC  SCHOOLS 

^ 

PUBLIC  SCHOOLS. 

CODE  1906. 

Sec.  7320  Hemingway's  Code. 

4485.  Uniform   system   of. — There   shall   be   maintained   a 
uniform  system  of  free  public  schools  for  all  children  between 
the  ages  of  five  and  twenty-one  years. 

State  Board  of  Education. 

8«c.  7321  Hemingway's  Code. 

4486.  Board  of  education — Its  meetings. — The     board     of 
education  created  by  the  constitution  shall  hold  its  sessions 
at  the  seat, of  government.     It  may  appoint  the  time  of  meet- 
ing, and  a  called  meeting  of  the  board  may  be  held  at  any  time 
upon  the  call  of  a  member  thereof. 

Sec.  7322  Hemingway's  Code. 

4487.  Board  of  education — To  decide  appeals. — The  board 
of  education  shall  decide  all  appeals  from  the  decisions   of 
county  superintendents,   or  from  the   decisions   of  the   state 
superintendent;  but  all  matters  relating  to  appeals  shall  be 
presented  in  writing,  and  the  board's  decision  shall  be  final. 

Code  1906,  §§  4487,  4503,  do  not  exempt  the  school  authorities,  acting 
beyond  the  scope  of  their  powers  and  in  violation  of  law,  from  inter- 
ference by  the  courts,  and  equity  has  jurisdiction  to  enjoin  the  trustees 
and  the  teacher  of  a  school  district  from  enforcing  an  invalid  rule. 
Hobbs  v.  Germany,  94  Miss.  469,  49  So.  515 

Sec.  7S23  Hemingway's  Code. 

4488.  Board   of   education— To   remove  them  in   certain 
cases. — For  continued  neglect   of  duty  for  drunkenness,   in- 
competency  or  official  misconduct,    the    board    of    education 
may  remove  a  county  superintendent;  but  before  removal  the 
officer  shall  have  ten  days  notice  of  the  charge,  and  be  al- 
lowed opportunity  to  make  defense.     The    members    of    the 
board  are  authorized  to  administer  oaths,  and  to  take  or  cause 
depositions  to  be  taken,  and  have  the  powers  of  a  court  to 
compel  witnesses  to  attend  and  testify  in  all  matters  of  in- 
vestigation by  the  board. 

CHAPTER  142. 

LAWS  1918. 

Secton  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  section  4489  of  the  code  of  1906,  be,  and  the 
same  is  hereby  amended  so  as  to  read  as  follows: 

The  same;  to  audit  claims. — The  board  of  education 
shall  audit  all  claims  against  the  common  school  fund,  and 


PUBLIC  SCHOOLS  33 

allow  so  much  as  may  be  justly  due,  not  to  exceed  the  amount 
allowed  by  law.  The  board  of  education  shall  have  authority, 
and  it  shall  be  their  duty,  to  hear  and  pass  upon  all  appeals 
by  trustees  of  public  schools  from  the  decision  of  county 
superintendents  of  education,  as  to  the  amount  of  money  that 
shall  be  allowed  for  the  payment  of  teachers'  salaries  and 
other  expenses  allowed  by  law  to  any  county  public  school, 
not  a  separate  school  district  from  the  funds  received  by  the 
county  from  the  county  common  school  fund  from  the  state 
common  school  fund  and  from  county  levies  for  the  public 
schools.  All  appeals  shall  be  in  writing,  and  the  board's  de- 
cision shall  be  final. 

Sec.  2.  That  the  county  superintendent  of  education  shall, 
not  later  than  the  second  Monday  of  September  of  each  year, 
notify  in  writing  the  trustees  of  the  various  schools  of  his 
county,  as  to  the  amount  of  school  funds  each  and  any  school 
will  be  allowed  from  the  county  common  school  fund,  from 
the  money  received  from  the  state  distribution  of  school  funds, 
and  from  funds  arising  from  county  levies,  provided,  that  the 
written  request  be  made  of  the  county  superintendent  of  edu- 
cation for  such  information  by  any  board  of  public  school 
trustees  outside  of  separate  school  districts  at  least  ten  days 
before  the  second  Monday  of  September. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CODE  1906. 

Sec.  7325  Hemingway's  Code. 

4490.  Board  of  education— To  fix  expenses  of  state  super- 
intendent's office.— The  board  of  education  shall  determine 
the  necessary  contingent  expenses  of  the  superintendent's  of- 
fice,  including  stationery,  postage,  printing,   furniture,   and 
other  things  necessary,  and  shall  examine  the  accounts  there- 
for and  certify  the  same  for  payment. 

Sec.  7326  Hemingway's  Code. 

4491.  Board    of    education — Administration — Course     of 
study — Arbor  day. — The  board  of  education  shall  regulate  all 
matters  arising  in  the  practical  administration  of  the  school 
system  which  are  not  otherwise  provided  for;  and  it  may 
adopt  a  course  of  study  to  be  pursued  in  the  schools  and  may 
designate  a  day  to  be  observed  as  arbor  day,  which  shall  be 
devoted  to  the  planting  of  trees  and  otherwise  improving  the 
school  grounds. 


34  PUBLIC  SCHOOLS 

CHAPTER  123. 

LAWS  1910. 
Sec.  7327  Hemingway's  Code. 

Board  of  education  to  have  placards  showing  effects  of 
alcohol  on  human  system  and  for  prevention  of  tuberculosis 
hung  on  walls  of  school  rooms. — 1.  The  state  board  of  educa- 
tion shall  procure  placards,  to  be  hung  on  the  walls  of  public 
school-rooms,  setting  forth  the  effects  of  alcohol  on  the  human 
system  and  means  for  the  prevention  and  cure  of  tuberculosis. 

County  School  Board. 

CODE  1906. 

Sec.  7330  Hemingway's  Code. 

4510.  School    boards — How    appointed. — There    shall    be 
a  county  school  board,  consisting  of  one  member  from  each 
supervisor's  district,  to  be  appointed  for  a  term  of  four  years, 
by  the  superintendent,  within  ninety  days  after  his  term  of 
office  begins,  the  appointments  to  be  subject  to  ratification 
by  the  board  of  supervisors.     A  majority  of  the  members  shall 
be  a  quorum  for  the  transaction  of  business.    For  neglect  of 
duty,  the  superintendent  may  remove  a  member  of  the  school 
board ;  and  he  shall  fill  all  vacancies  occurring  from  any  cause. 

Under  Code  1906,  §  4530,  interpreted  in  connection  with  §§  4510,  4533 
and  4534,  each  county  has  a  right  to  act  for  itself  in  the  creation  of  a 
separate  district  of  unincorporated  territory,  and  a  separate  school 
district  of  unincorporated  territory  can  not  be  created  unless  it  is 
wholly  within  one  county,  except  that  territory  in  different  counties 
adjoining  a  municipality  which  is  a  separate  school  district  may  be  in- 
cluded in  such  district.  Jones  County  v.  Grisson,  97  Miss.  193,  52 
So.  629. 

Sec.  7331  Hemingway's  Code. 

4511.  School     boards — How     to     qualify — Compensation. 

—Members  of  the  county  school  board  shall  qualify  by  sub- 
scribing to  the  oath  of  office  before  the  superintendent,  and 
shall  receive  as  compensation  for  their  services  three  dollars 
for  each  day's  actual  service,  to  be  paid  as  teachers'  salaries 
are  paid;  but  they  shall  not  be  paid  for  more  than  five  days 
in  any  one  year. 

Sec.  7332  Hemingway's  Code. 

4512.  School  boards— Ex  officio  president— Boundaries  of 
school  districts. — The  county  superintendent   shall  be  presi- 
dent of  the  school  board,  and  shall  convene  it  annually,  prior 
to  the  first  day  of  August,  to  define  the  boundaries  of  the 
school  districts  of  the  county  outside  of  the  separate  school 
districts,  or  to  make  alterations  therein,  and  to  designate  the 
location  of  the  school-house  in  each  district,  if  not  already 
located. 


PUBLIC  SCHOOLS  35 

Code  1906,  §  4512,  relative  to  meetings  of  the  county  school  board  to 
define  boundaries  of  school  districts,  did  not  prevent  holding  more 
than  one  such  meeting  in  the  same  year.  Purvis  v.  Robinson,  110  Miss. 
64,  69  So.  673. 

Sec.  7333  Hemingway's  Code. 

4513.  School  boards — Certain  institutions  of  learning  con- 
sidered.— In  districts  containing  not  more  than  one  chartered 
institution  of  learning  the  board  shall  locate  the  public  school, 
if  it  be  so  desired  by  the  authorities  of  the  chartered  institu- 
tion, with  the  consent  of  the  trustees  of  the  chartered  insti- 
tution, at  the  site  thereof ;  and  the  public  school  shall  be  con- 
ducted in  accordance  with  the  rules  and  regulations  of  the 
chartered  institution  of  learning,   and  the  local  trustees   of 
public  schools,  and  the  trustees  of  the  chartered  school  shall, 
in  joint  session,  elect  teachers  for  the  public  school. 

CHAPTER  184. 

LAWS  1916. 
Sec.  7334  Hemingway's  Code. 

4514.  School  boards — Separate  districts  for  the  races — De- 
scriptions of  districts — Interstate  line  schools. — Separate  dis- 
tricts shall  be  made  for  the  schools   of  the  white  and  the 
colored  races,  and  the  districts  for  each  race  shall  embrace 
the  whole  territory  of  the  county  outside  the  separate  school 
districts.    A  regular  school  district  shall  not  contain  less  than 
forty-five  educable  children  of  the  race  for  which  the  district 
is  established,  except  where  too  great  distance  or  impassable 
obstructions  would  debar  children  from  school  privileges,  in 
such  cases  the  school  board  may,  in  its  discretion,  establish  a 
regular  district  containing  not  less  than  fifteen  educable  chil- 
dren.    In  places  where  swamps,  large  streams,  or  other  bodies 
of  water  or  marsh,  not  crossed  by  foot  bridges,  render  it  im- 
practicable to  establish  regular  districts  as  above  provided, 
the  school  board  may  establish  special  districts  for  such  chil- 
dren as  live  in  the  forks  or  bends  of  streams  or  other  bodies 
of  water,  or  who  are  prevented  from  attending  school  by  other 
impassable  obstructions;  provided  that  a  special  district  shall 
not  be  established  for  less  than  ten  educable  children,  but 
such  special  district  may  contain  less  than  nine  square  miles 
of  territory,  and  the  whole  number  of  such  special  districts 
in  a  county  shall  not  exceed  one-fifth  of  the  number  of  regu- 
lar districts.    Adjacent  parts  of  counties  may  by  the  county 
school  board  be  embraced  in  a  line  school  district,  the  super- 
intendent previously  consenting  thereto,  and  reporting  to  the 
board  of  the  territory  to  be  so  included.     Trustees  of  such 
districts  may  reside  in  either  county.     The  teacher  may  be 
licensed  in  either  county,  but  the  superintendent  must  pre- 


36  PUBLIC  SCHOOLS 

viously  agree  upon  the  amount  of  salary  to  be  paid  and  each 
must  contract  with  the  teacher  for  the  proportionate,  part  of 
the  salary,  and  shall  require  teachers  monthly  to  report  to 
him  to  show  the  statistics  of  the  whole  school  and  also  separ- 
ately of  his  county.  In  defining  boundaries  of  school  dis- 
tricts the  school  board  shall  pay  due  regard  to  the  larger 
water  courses  of  the  county,  using  part  of  them  as  boundary 
lines  whenever  practicable.  In  counties  not  laid  off  into  town- 
ships the  metes  and  bounds  of  the  school  districts  shall  be 
defined  by  streams  by  lines  of  farms  or  otherwise. 

"In  localities  where  the  state  line  between  Mississippi  and 
adjoning  states  divides  the  school  community  the  school  board 
may  establish  an  interstate  line  school  in  the  same  manner 
that  county  line  schools  are  established,  trustees  of  such 
schools  may  reside  in  either  state,  but  the  new  trustee  shall 
be  so  elected  as  to  give  each  state  the  majority  of  trustees 
alternately.  Teachers  may  be  licensed  in  either  state  and  the 
amount  of  salary  to  be  paid  by  each  superintendent  shall  be 
adjusted  as  in  county  line  schools,  due  consideration  being 
given  to  any  difference  in  the  relative  amount  of  school  fund 
available  in  the  counties  in  which  the  interstate  line  school  is 
located.  The  text-books  used  shall  be  as  equally  divided  be- 
tween the  adopted  books  of  the  two  states  as  possible,  the 
teacher  and  trustees  of  the  school  making  the  apportionment 
and  reporting  the  same  to  the  superintendent  for  approval/' 

Sec.  7335  Hemingway's  Code. 

4515.  School  boards— Districts  so  made  that  all  children  can 
attend. — The  districts  shall  be  so  arranged  as  to  place  all 
children  within  reasonable  distance  of  a  school-house ;  and  one 
public  school  shall  be  maintained  in  each  district;  but  when 
less  than  five  children  attend  school  in  a  district,  the  school 
shall  be  discontinued  by  the  superintendent  at  the  end  of  any 
scholastic  month. 

Sec.  7336  Hemingway's  Code. 

4516.  Attendance  out  of  proper  distance. — Children  resid- 
ing in  one  district  may  attend  school  in  another,  with  the 
consent,  in  writing,  of  the  trustees  of  both  districts  and  of  the 
county  superintendent;  but  pupils  shall  not  be  allowed  to  at- 
tend more  than  one  term  during  a  scholastic  year. 

Public  School  Trustees* 

Sec.  7338  Hemingway's  Code. 

4518.  Trustees — Qualifications — How  elected. — There  shall 
be  three  trustees  for  each  of  said  school  districts,  each  to  be 
chosen  for  a  term  of  three  years,  but  so  chosen  that  one  will 


PUBLIC  SCHOOLS  37 

be  selected  every  year.  They  shall  be  persons  of  good  charac- 
ter, patrons  of  the  school,  and  able  to  real  and  write.  The 
trustees  shall  be  elected  by  the  patrons  of  the  school,  except 
in  separate  school  districts. 

CHAPTER  187. 

LAWS  1914. 
Sec.  7339  Hemingway's  Code. 

4519.  Trustees — When  and  how  elected  and  certified. — On 

the  first  Saturday  in  May  of  each  year,  the  patrons  of  each 
district  not  constituting  a  separate  school  district  shall  meet 
at  the  school-house  at  two  o'clock  p.  m.,  organize  and  elect  a 
chairman  and  secretary,  and  elect  by  ballot,  one  trustee  for 
three  years.  At  every  such  meeting  the  holding  over  trustees 
shall  have  prepared  and  present  a  list  of  names  and  patrons 
entitled  to  vote  for  trustees.  The  chairman  and  secretary  shall 
forthwith  certify  the  result  of  the  election  to  the  county  super- 
intendent, and  cause  the  certificate  thereof  to  be  delivered  to 
him  on  or  before  the  following  Saturday.  If,  from  any  cause, 
a  vacancy  occurs  in  the  office  of  trustee,  outside  of  a  separate 
school  district,  the  county  superintendent  shall  fill  the  same 
by  appointment,  unless  the  patrons  thereof  shall  fill  the  same 
by  an  election  within  ten  days  after  such  vacancy  occurs. 

Code  1892. 

Though  the  majority  of  the  trustees  of  a  school  are  among  those 
permitted  by  the  board  of  trustees  to  erect  a  boarding-house  on  the 
school  property,  with  an  agreement  that  it  shall  remain  their  property, 
the  agreement  as  to  its  remaining  the  builders'  property  is  not  void  as 
an  abuse  of  trust,  the  boarding-house  being  essential  to  the  successful 
conduct  of  the  school  and  being  built  for  that  reason  and  not  t6  enable 
them  to  make  a  profit  out  of  their  trust.  Decell  v.  McRee,  83  Miss. 
423,  35  So.  940. 

CODE  1906. 

Sec.  7340  Hemingway's  Coda. 

4520.  Trustees — Vacancy— How  filled.— If  from  a  failure 
to  qualify,  or  from  other  cause,  there  be  a  vacancy  in  the  of- 
fice of  trustee,  outside  of  a  separate  school  district,  the  county 
superintendent  shall  fill  the  same  by  appointment,  in  writing; 
and  the  trustee  so  appointed  shall  hold  office  until  the  end  of 
the  vacant  term,  and  until  his  successor  be  elected. 

Chap.  187,  Laws  1914.        *  Sec.  7341  Hemingway's  Code. 

4521.  Trustees — Quorum — Executive   officer — Removals. — 

Two  of  the  trustees  constitute  a  quorum  to  transact  business. 
Upon  organization,  the  trustees  shall  select  a  secretary,  whose 
duty  it  shall  be  to  preside  at  all  meetings,  to  make  reports, 


38  PUBLIC  SCHOOLS 

and  to  perform  all  other  duties  required  by  law.  If  a  trustee 
refuse  to  discharge  the  duties  of  the  office  or  refuse  to  patron- 
ize the  school,  the  office  shall  become  vacant,  and  the  county 
superintendent  shall  appoint  another  person  to  be  trustee. 

Code  1892. 

While  this  section  providing  that  existing  trustees  of  certain  sep- 
arate school  districts  should  remain  in  office  according  to  the  terms  of 
their  appointment  did  not  supersede  Laws  1888,  ch.  148,  appointing 
and  conferrnig  extraordinary  powers  upon  the  trustees  of  the  Hazle- 
hurst  public  school,  yet  such  act  was  and  is  violative  of  Const. 
1869,  art.  8,  §  1  (Const.  1890,  §  201),  requiring  a  uniform  system  of 
public  schools.  Ellis  v.  Greaves,  82  Miss.  36,  34  So.  81. 

A  deed  conveying  land  to  the  trustees  of  a  township  for  school  pur- 
poses and  for  no  other  use  is  not  forfeited  by  a  nonuser  for  two  and 
one-half  years,  even  if  the  deed  be  assumed  to  be  upon  a  condition 
subsequent.  Buck  v.  Macon,  85  Miss.  580,  37  So.  460. 

Chap.  187,  Laws  1914.  Sec.  7342  Hemingway's  Code. 

4522.  Trustees  to  select  teacher. — 2.  The  trustees  shall  meet 
annually  ,on  or  before  the  fifteenth  day  of  July  to  select  a 
teacher,  if  the  school  be  opened  during  the  winter  term,  and 
they  shall  at  once  notify  the  county  superintendent  of  their 
selection  if  the  trustees  fail  so  to  report,  or  if  the  teacher  fail 
to  obtain  a  license,  the  superintendent  shall  appoint  a  licensed 
teacher  and  have  the  school  taught  during  the  winter  term. 

Code  1892. 

The  election  of  a  school  trustee,  though  subsequent  to  the  date  fixed 
by  law,  imparts  color  and  right  to  the  office  and  a  contract  with  a 
teacher  made  through  his  participation  in  the  proceedings  of  the  board, 
of  which  he  was  a  de  facto  member,  is  valid,  and  the  county  superin- 
tendent of  education  can  be  compelled  by  mandamus  to  give  the  same 
official  recognition.  Whitman  v.  Owen,  76  Miss.  783,  25  So.  669. 

In  mandamus  by  a  teacher  to  enforce  her  rights  under  such  a  con- 
tract it  is  competent  to  show  that  the  trustee  had  been  recognized  as 
such  by  the  county  superintendent  land  others.  Whitman  v.  Owen,  76 
Miss.  783,  25  So.  669. 

Code  1906. 

A  false  report  of  a  public  school,  purporting  to  be  signed  by  one  who 
had  neither  been  elected  by  the  trustees  nor  appointed  nor  contracted 
with  by  the  superintendent  as  a  teacher  of  the  school,  did  not  author- 
ize the  superintendent  to  issue  a  pay  warrant  thereon,  and  hence, 
though  false  in  fact,  and  though  the  superintendent  issued  a  certificate 
for  the  payment  of  salary  thereon,  could  not  be  the  subject  of  forgery. 
Moore  v.  State,  107  Miss.  181,  65  So.  126. 

Sec!  7343  Hemingway's  Code. 

4523.  Trustees — To  examine  enumeration. — The  trustees 
shall  scrutinize  carefully  the  enumeration  of  educable  children 
who  attend  the  school  made  by  the  teacher,  see  that  the  ch^ 
dren  of  the  district  and  none  others  are  included  in  the  list, 


"PUBLIC  SCHOOLS  39 

and  certify  the  same  over  their  official  signatures  placed  in 
the  teacher's  register  at  the  end  of  the  list;  and  the  enumera- 
tion thus  reported  and  certified  shall  guide  the  superintendent 
in  determining  the  salary  of  the  teacher  for  the  ensuing  year. 

Sec.  7344  Hemingway's  Code. 

4524.  Trustees — Other  duties. — The  trustees  may  suspend 
or  expel  a  pupil  for  misconduct,  and  shall  look  after  the  in- 
terests of  their  schools,  visit  the  same  at  least  once  during 
each  month  by  one  or  more  of  their  number,  see  that  fuel  is 
provided,  protect  the  school  property  and  care  for  the  same 
during  vacation,  and  arbitrate  difficulties  or  disputes  between 
teachers  and  pupils;  but  either  party  feeling  aggrieved  by 
their  decision,  may  appeal  to  the  county  superintendent,  and 
from  him  to  the  state  board  of  education.    And  the  trustees 
may  make  provision  for  the  comfort  and  welfare  of  the  pupils ; 
but  the  same  shall  not  involve  an  expenditure  of  money  not 
already  appropriated  for  the  purpose  by  the  proper  authori- 
ties. 

CHAPTER  185. 

LAWS  1916. 
Sec.  7345  Hemingway's  Code. 

4525.  Trustees  of  separate  school  districts. — 1.  The  powers 

and  duties  of  separate  school  districts  are  as  follows: 

"(a)  To  prescribe  and  enforce  rules,  not  inconsistent  with 
law  or  those  prescribed  by  the  state  board  of  education,  for 
their  own  government  and  government  of  schools,  and  to 
transact  their  business  at  regular  or  special  meetings  called 
for  such  purpose,  notice  of  which  shall  be  given  each  member. 

"  (b)  To  manage  and  control  the  school  property  within 
their  district,  and  to  employ  janitors. 

"(c)  To  enforce  in  schools  the  course  of  study  and  the  use 
of  text-books  prescribed  and  adopted  by  the  proper  authority. 

"(d)  To  appoint  librarians  therefor,  and  enforce  the  rules 
prescribed  for  the  government  of  school  libraries. 

"(e)  To  exclude  from  school  and  school  libraries  all  books, 
or  papers,  of  a  sectarian,  partisan,  denominational  or  immoral 
character. 

"  (f)  To  suspend  and  expel  pupils  for  misconduct. 

"  (g)  To  visit  every  school  in  their  district  at  least  once  in 
each  month,  and  examine  carefully  into  its  management,  con- 
dition and  wants. 

"(h)  To  maintain  all  the  schools  under  their  control  for  an 
equal  length  of  time  during  the  year. 


40  PUBLIC  SCHOOLS 

"  (i)  To  furnish  blackboards  and  other  necessary  furniture 
for  the  use  of  the  schools. 

"(j)  To  elect  a  superintendent,  if  one  be  required,  and  a 
principal  for  each  of  the  schools,  and  prescribe  their  powers 
and  duties. 

"(k)  To  elect  teachers,  fix  salaries,  terms  of  service,  con- 
tract with  them  and  impose  fines  and  penalties  for  neglect  of 
duty,  but  they  can  not  contract  with  a  principal  or  teacher 
who  does  not  hold  a  license  from  the  county  superintendent. 

"(1)  To  require  the  principal  of  each  school  to  keep  the 
records  thereof  in  such  manner  as  to  show,  by  age,  race  and 
sex,  the  educable  children  who  attend  the  school,  the  enrol- 
ment and  the  average  attendance,  and  at  the  end  of  the  term 
to  make  complete  term  report  to  the  trustees,  showing  the 
above  statistics  and  such  others  as  may  be  required  of  the 
county  superintendent  for  his  annual  report  to  the  state  board 
of  education.  The  secretary  of  the  trustees  shall,  within  ten 
days  after  the  close  of  the  term,  transmit  their  report  to  the 
county  superintendent ;  and  it  shall  be.  unlawful  for  the  super- 
intendent to  issue  pay  certificates  for  the  last  month's  attend- 
ance of  county  pupils  until  said  report  is  filed  with  him. 

"  (m)  To  determine  annually  the  amount  of  money  required 
for  the  support  of  the  puolic  schools  and  for  carrying  into 
effect  all  the  provisions  of  the  law  in  reference  thereto;  and 
in  the  pursuance  of  this  provision  the  trustees  shall,  on  or 
before  the  fifteenth  of  July  of  each  year  submit  in  writing  to 
the  mayor  and  board  of  aldermen  a  careful  estimate  of  the 
whole  amount  of  money  to  be  received  from  the  state  and 
county  and  the  amount  required  from  the  municipality  for 
the  above  purpose. 

11  (n)  That  the  board  of  trustees  shall  also  have  authority, 
and  it  shall  be  their  duty  to  suspend  or  dismiss  pupils,  when 
the  best  interest  of  the  schools  make  it  necessary.'' 

Code  1892. 

The  election  of  a  school  trustee,  though  subsequent  to  the  date  fixed 
by  law,  imparts  color  and  right  to  the  office  and  a  contract  with  a 
teacher  made  through  his  participation  in  the  proceedings  of  the 
board,  of  which  he  was  a  de  facto  member,  is  valid,  and  the  county 
superintendent  of  education  can  be  compelled  by  mandamus  to  give 
the  same  official  recognition.  Whitman  v.  Owen,  76  Miss.  783,  25 
So.  669. 

In  mandamus  by  a  teacher  to  enforce  her  rights  under  such  a  con- 
tract, it  is  competent  to  show  that  the  trustee  had  been  recognized  as 
such  by  the  county  superintendent  and  others.  Whitman  v.  Owen,  76 
Miss.  783,  25  So.  669. 


PUBLIC  SCHOOLS  41 

Code  1906. 

Code  1906,  §§  4525,  4623,  do  not  authorize  the  adoption  of  a  rule 
requiring  all  pupils  of  the  school  to  remain  in  their  homes  and  study 
between  designated  hours  in  the  evening.  Hobbs  v.  Germany,  94  Miss. 
469,  49  So.  515. 

CHAPTER  186. 

LAWS  1916. 
Sec.  7346  Hemingway's  Code. 

Transportation  of  public  school  children  into  a  separate 
district. — 8.  On  petition  of  a  majority  of  the  qualified  electors 
of  a  county  public  school  district  and  on  approval  of  the 
trustees  of  a  municipal  separate  school  district  or  the  trustees 
of  a  rural  separate  school  district,  the  board  of  trustees  of  the 
said  county  public  school,  together  with  the  county  superin- 
tendent, may  provide  transportation  for  the  children  of  said 
county  public  school  to  said  separate  district  under  rules  and 
regulations  of  the  state  board  of  education;  provided,  that 
the  cost  to  the  county  of  tuition  and  transportation  shall  not 
be  materially  more  than  the  average  cost  of  county  pupils. 
Tuition  and  transportation  expenses  shall  be  paid  by  the  coun- 
ty superintendent  from  the  public  school  fund. 

Chap.  186,  Laws  1916.  Sec.  7347  Hemingway's  Code. 

4526.    Trustees  of  separate  school  districts — How  chosen. — 

The  schools  of  a  separate  district  shall  be  under  control  of 
five  trustees,  elected  in  a  municipal  separate  district  by  the 
board  of  mayor  and  aldermen,  on  the  second  Monday  in  April 
or  at  the  first  regular  meeting  prior  thereto ;  for  rural  separate 
districts  the  county  superintendent  shall  appoint  the  trustees. 
When  a  majority  of  the  qualified  electors  of  a  rural  district 
shall  petition  by  the  first  day  of  April  for  the  appointment  of 
certain  patrons  as  trustees,  the  county  superintendent  shall 
appoint  those  recommended.  For  line  separate  school  dis- 
tricts, the  trustees  shall  be  appointed  by  the  county  superin- 
tendent of  the  county  in  which  the  school  building  is  situated. 
Trustees  shall  be  patrons  of  the  school.  The  conditions  of 
eligibility  imposed  and  powers  granted  trustees,  under  the 
general  law,  shall  apply  to  the  trustees  of  separate  school  dis- 
tricts, and  they  shall  be  subject  to  the  same  penalties,  and  to 
removal  from  office  by  the  board  for  neglect  of  duty,  but  no 
member  of  the  board  of  aldermen,  trustee  of  a  private  or  sec- 
tarian school  or  college  in  the  same  separate  school  district 
shall  be  eligible  to  the  office  of  trustee.  They  shall  be  chosen 
for  a  term  of  three  years ;  two  being  chosen  each  year  for  two 
successive  years,  and  one  the  third  year  as  vacancies  occur. 


42  PUBLIC  SCHOOLS 

Code  1906. 

Code  1906,  §§  4526,  4527,  were  not  retroactive  so  as  to  cause  the 
removal  of  trustees  who  were  competent  to  serve  at  the  time  of  their 
appointment  prior  to  the  adoption  of  the  code.  Tucker  v.  State,  89 
Miss.  363,  42  So.  798. 

Chap.  186,  Laws  1916.  Sec.  7348  Hemingway's  Code. 

Power  of  trustee. — 10.  Trustees  of  all  separate  districts  are 
custodians  of  the  school  property  and  shall  have  charge  of  the 
erection,  repairing  or  equipping  of  buildings,  and  they  are 
hereby  authorized  to  write  orders  to  the  clerk  of  the  munici- 
pality or  to  the  county  superintendent,  to  issue  warrants  or 
pay  certificates  on  any  available  school  funds  of  such  school 
districts. 

They  may  add  the  high  school  department  and  may  or  may 
not  charge  tuition  in  said  department  at  their  discretion.  In 
co-operation  with  the  principal  of  the  school  they  may  pre- 
scribe the  course  of  study  for  the  high  school  department. 

Code  1906. 

Code  1906,  §§  4526,  4527,  were  not  retroactive  so  as  to  cause  the 
removal  of  trustees  who  were  competent  to  serve  at  the  time  of  their 
appointment  prior  to  the  adoption  of  the  code.  Tucker  v.  State,  89 
Miss.  363,  42  So.  798. 

Sec.  7349  Hemingway's  Code. 

4528.  As  to  all  school  trustees. — The  trustees  have   the 
power  to  exclude  from  the  schools  children  of  filthy  or  vicious 
habits,   or   children   suffering  from   contagious   or  infectious 

diseases. 

Sec.  7350  Hemingway's  Code. 

4529.  As  to  all  school  trustees — Nepotism  forbidden. — It 

shall  be  unlawful  for  a  trustee  of  any  school  to  vote  for  any 
person  as  a  teacher  who  is  related  to  him  by  blood  or  marriage 
within  the  third  degree,  or  who  is  pecuniarily  dependent  upon 
him. 

CHAPTER  195. 

LAWS  1916. 
Sec.  7352  Hemingway's  Code. 

Taxation. 

Rural  school  districts— Tax  levy  in.— 1.  That  on  petition  of 
the  majority  of  the  qualified  electors  of  any  rural  school  dis- 
trict, the  board  of  supervisors  shall  in  the  same  manner  as 
provided  for  separate  school  districts,  annually  levy  a  tax  on 
the  property  of  said  district  for  the  purpose  of  supplementing 
the  salaries  of  the  teachers  of  the  district,  or  for  extending 
the  school  term  thereof ;  or  for  both  purposes. 

This  section  purports  to  amend  Laws  1914,  ch.  189,  §  2.  It  amends 
§  1  instead.  Laws  1914,  §  1,  follows. 


PUBLIC  SCHOOLS  43 

CHAPTER  189. 

LAWS  1914. 
Sec.  7353  Hemingway's  Code. 

Tax  levy  in  districts  not  less  than  twelve  square  miles  in 
territory. — 1.  On  petition  of  the  majority  of  the  qualified 
electors  of  any  school  district  containing  not  less  than  twelve 
square  miles,  the  board  of  supervisors  shall  in  the  same  man- 
ner as  provided  for  separate  school  districts,  annually  levy 
a  tax  on  the  property  of  said  district  for  the  purpose  of  sup- 
plementing the  salaries  of  the  teachers  of  the  district,  or  for 
extending  the  school  term  thereof;  or  for  both  purposes. 

Chap.  189,  Laws  1914.  Sec.  7354  Hemingway's  Code. 

Collection  and  disbursement  of  such  taxes. — 2.  The  tax  col- 
lector shall  collect  the  taxes  of  such  districts  as  other  taxes 
are  collected,  and  deposit  same  with  the  county  treasury  to 
the  credit  of  the  several  districts,  respectively,  for  which  said 
taxes  are  levied.  Such  funds  shall  be  disbursed  on  pay  cer- 
tificates issued  by  the  county  superintendent,  on  the  order  of 
the  trustees  of  the  district. 

CHAPTER  127. 

LAWS  1908. 
Sec.  7355  Hemingway's  Code. 

Municipality  not  in  a  separate  school  district  may  levy 
special  tax. — 1.  Any  municipality  not  composing  a  separate 
school  district,  on  petition  of  a  majority  of  the  taxpayers  in 
such  municipality,  may  levy  an  annual  tax,  not  exceeding 
three  mills  on  the  dollar,  for  the  purpose  of  aiding,  as  the 
mayor  and  board  of  aldermen  may  see  fit,  in  the  education  of 
the  children  of  educable  age  living  within  such  municipal 
limits. 

CHAPTER  172. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  House  Bill  No.  92,  chapter  197,  of  the  acts 
of  the  legislature  of  1914,  be  amended  so  as  to  read  as  follows : 

That  the  board  of  supervisors  of  any  county  is  authorized 
to  issue  bonds  of  the  county,  a  supervisors'  district  or  a  school 
district  containing  not  less  than  sixteen  (16)  square  miles,  or 
of  any  school  district  with  an  assessed  valuation  of  not  less 
than  one  hundred  thousand  dollars  ($100,000.00)  excluding  in 


44  PUBLIC  SCHOOLS 

each  case,  the  territory  embraced  within  separate  school  dis- 
trict, for  the  purpose  of  erecting,  repairing  and  equipping 
school  buildings  for  the  county,  a  supervisors  district,  or  a 
school  dstrict  as  the  case  may  be. 

Sec.  2.  Whenever  a  majority  of  the  resident  tax  payers  of  a 
county,  of  a  supervisors'  district  or  of  a  school  district  contain- 
ing not  less  than  sixteen  (16)  square  miles,  or  of  any  school 
district  with  an  assessed  valuation  of  not  less  than  one  hun- 
dred thousand  dollars  ($100,000.00),  shall  petition  the  board 
of  supervisors  to  issue  bonds  for  the  purpose  hereinbefore 
stated,  the  board  of  supervisors  of  such  county  shall  issue  bonds 
of  the  county  of  a  supervisors'  district  or  of  a  school  district, 
according  to  the  direction  of  the  petitioners,  not  to  exceed  five 
per  centum  (5%)  of  the  assessed  value  of  the  county,  if  it  be 
for  the  county;  or  of  the  district  if  it  be  for  a  supervisors'  dis- 
trict ;  or  of  a  school  district,  if  it  be  for  a  school  district,  said 
bonds  to  be  issued  in  the  manner  provided  in  the  chapter  on 
municipalities. 

When  a  county,  a  supervisor's  district  or  a  school  district 
shall  become  obligated  through  the  sale  of  bonds  as  indicated 
herein,  it  shall  be  the  duty  of  the  board  of  supervisors  to  levy 
a  tax  annually  on  the  taxable  property  of  the  county,  or  super- 
visors' district,  or  school  district,  as  the  case  may  be,  sufficient 
to  pay  the  interest  on  said  bonds  and  to  create  a  sinking  fund 
for  their  redemption. 

Sec.  3.  On  petition  of  a  majority  of  the  qualified  electors  of 
any  public  school  district  in  a  county,  the  board  of  supervisors 
shall  levy  a  tax  on  the  property  of  that  district  for  the  pur- 
pose of  supplementing  salaries  of  teachers,  extending  school 
term,  buying  furniture  for  the  school,  repairing  school  build- 
ing, or  for  fuel  and  other  incidental  expenses  of  the  school  in 
said  district. 

Sec.  4.  The  tax  collector  shall  collect  the  taxes  levied  under 
the  provisions  of  this  act  as  other  taxes  are  collected  and  de- 
posit the  same  with  the  county  treasurer  to  the  credit  of  the 
county  or  district  for  which  it  was  levied.  Such  funds  shall 
be  disbursed  on  pay  certificates  issued  by  the  county  superin- 
tendent on  the  order  of  the  county  school  board  for  the  county 
or  supervisors'  district,  and  the  order  of  the  school  trustees  for 
the  school  district. 

Sec.  5.  That  this  act  take  effect  -and  be  in  force  from  and 
after  its  passage.  » 


PUBLIC  SCHOOLS  45 

CHAPTER  257. 

LAWS  1918. 

AN  ACT  providing  for  the  levying  of  a  per  capita  fuel  tax  in  any  public 
school  district  on  the  patrons  of  the  school. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  upon  the  presentation  of  a  petition  signed 
by  a  majority  of  the  patrons  of  any  public  school  district  to 
the  board  of  supervisors  on  or  before  the  first  Monday  in 
September  of  any  year,  asking  that  a  per  capita  tax  for  fuel 
for  the  use  of  the  school  be  assessed  upon  the  patrons  of  the 
school,  the  board  of  supervisors  shall  authorize  and  empower 
the  board  of  trustees  of  said  school  district  to  assess  upon  the 
patrons  of  the  school  of  the  district  and  collect  from  them  a 
fuel  tax  sufficient  to  meet  the  needs  of  the  school  for  the 
ensuing  session,  the  same  to  be  prorated  according  to  the  num- 
ber of  educable  children  in  the  district;  provided  that  any 
patron  shall  be  allowed  to  pay  this  fuel  tax  in  wood  or  other 
suitable  fuel  if  same  is  delivered  at  the  school  building  by  the 
end  of  the  first  scholastic  month  of  the  said  school  term. 
Provided,  further  that  the  trustees  shall  have  power  in  their 
discretion  to  exempt  from  the  provisions  of  said  tax  patrons 
who  are  dependent  widows,  and  other  patrons  whose  financial 
or  physical  condition  may  render  them  incapable  of  paying 
said  tax.  In  collecting  the  tax  as  authorized  by  the  above 
provision  the  trustees  shall  have  the  same  powers  as  are  now 
given  the  sheriff  in  the  collection  of  the  commutation  road  tax. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  197. 

LAWS  1914. 
Sec.  7358  Hemingway's  Code. 

Tax  Levy  For  Fuel  For  School  Purposes — On  a  petition 
of  a  majority  of  the  qualified  electors  for  the  public  school  dis- 
trict in  a  county,  the  Board  of  Supervisors  shall  levy  a  tax  on 
the  property  of  that  district  to  provide  fuel  and  other  incidental 
expenses  of  the  school  in  said  district. 


46  PUBLIC  SCHOOLS 

CHAPTER  186. 

LAWS  1916. 
Sec.  7351  Hemingway's  Code. 

4530.  Separate  school  districts. — 1.  Any  municipality,  by 
an  ordinance  of  the  mayor  and  board  of  aldemen  thereof,  or 
any  unincorporated  district  with  an  assessed  taxable  valua- 
tion of  not  less  than  two  hundred  thousand  dollars 
($200,000.00),  or  any  unincorporated  district  of  not  less  than 
sixteen  square  miles,  by  the  county  school  board  or  county 
school  boards,  on  a  petition  of  a  majority  of  the  qualified 
electors  therein,  may  be  declared  a  separate  school  district, 
but  shall  not  be  entitled  to  the  rights  and  privileges  of  a 
separate  school  district  unless  a  free  public  school  shall  be 
maintained  therein  for  a  term  of  at  least  seven  months  in 
each  scholastic  year;  provided,  that  there  is  an  average  at- 
tendance of  twenty-five  pupils. 

Code  1906. 

Under  Code  1906,  §  4530,  interpreted  in  connection  with  §§  4510,  4533 
and  4534,  each  county  has  a  right  to  act  for  itself  in  the  creation  of  a 
separate  district  of  unincorporated  territory,  and  a  separate  school 
district  of  unincorporated  territory  can  not  be  created  unless  it  is 
wholly  within  one  county,  except  that  territory  in  different  counties 
adjoining  a  municipality  which  is  a  separate  school  district  may  be 
included  in  such  district.  Jones  County  v.  Grisson,  97  Miss.  193,  52 
So.  629. 

It  is  not  necessary,  in  order  that  a  separate  school  district  be  created 
by  a  municipality,  that  it  be  shown  that  the  district  can  maintain  a 
school  for  a  term  of  seven  months,  or  that  it  be  petitioned  by  a  ma- 
jority of  the  qualified  electors.  Mebane  v.  Hickory  Flat,  99  Miss.  592, 
55  So.  359. 

In  Const.  1890,  §  90,  par.  "p,"  the  word  "incorporating"  was  not  used 
in  a  technical  sense  as  signifying  a  corporation,  but  was  applicable  to 
common  and  private  schools  alike,  and  since  Code  1906,  §  4530,  pro- 
vides the  method  whereby  separate  school  districts  may  be  established, 
Laws  1912,  ch.  288,  authorizing  the  school  board  of  Harrison  County 
to  establish  a  separate  school  district  in  that  county,  was  unconstitu- 
tional as  a  special  law,  and  invalid.  Hewes  v.  Langford,  105  Miss.  375, 
62  So.  358. 

Declaration  by  a  mayor  and  board  of  aldermen  of  a  municipality 
that  its  territory  should  constitute  a  separate  school  district  was 
inoperative  where  the  territory  had  been  formerly  incorporated  with  a 
district  formed  by  another  municipality.  Carrollton  v.  North  Carroll- 
ton,  109  Miss.  344,  69  So.  483. 

CHAPTER  180. 

LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  section  seven  (7),  chapter  186,  laws  of  1916, 
be  amended  to  read  as  follows: 


PUBLIC  SCHOOLS  47 

County  children  may  attend  the  schools  of  a  separate  school 
district  and  the  county  shall  pay  to  the  separate  school  dis- 
trict they  attend  an  amount  per  child  equal  to  the  cost  per 
child  to  the  county  in  the  county  public  schools  for  the  pre- 
ceding session,  each  race  being  calculated  separately,  but  a 
child  in  the  county  shall  not  attend  school  in  a  separate  school 
district  without  the  consent  in  writing  of  the  trustees  thereof, 
the  trustees  of  the  school  in  his  district,  and  the  county  super- 
intendent of  education. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  186. 

LAWS  1916. 
Sec.  7361  Hemingway's  Code. 

4533.    Territory  to  be  added  to  separate  school  district.-^. 

Any  part  of  a  county  or  counties  adjoining  a  municipality 
which  is  a  separate  school  district  may  be  added  to  such  dis- 
trict by  the  county  school  board  upon  petition  of  a  majority 
of  the  qualified  electors  of  the  territory  proposed  to  be  added, 
provided  such  petition  shall  have  been  approved  by  the  trus- 
tees of  the  separate  district. 

Code  1892. 

Code  1892,  §  3018  (Code  1906,  §  3421),  has  no  reference  to  railroads, 
and  a  municipality,  being  a  separate  school  district,  can  not  assess 
taxes  for  school  purposes  on  a  railroad  track  and  right  of  way  outside 
its  corporate  limits,  though  such  property  is  embraced  in  an  extension 
of  territory  made  under  this  section.  New  Albany  v.  Kansas  City  &c. 
R.  Co.,  76  Miss.  Ill,  23  So.  546. 

Code  1906. 

Under  Code  1906,  §  4530,  interpreted  in  connection  with  §§  4510,  4533 
and  4534,  each  county  has  a  right  to  act  for  itself  in  the  creation  of  a 
separate  district  of  unincorporated  territory,  and  a  separate  school 
district  of  unincorporated  territory  can  not  he  created  unless  it  Is 
wholly  within  one  county,  except  that  territory  in  different  counties 
adjoining  a  municipality  which  is  a  separate  school  district  may  he 
included  in  such  district.  Jones  County  v.  Grisson,  97  Miss.  193, 
52  So.  629. 

Under  Code  1906,  §  4533,  an  ordinance  of  the  mayor  and  board  of 
aldermen  of  a  town  adding  additional  territory  to  a  separate  school 
district  was  not  invalid  because  not  published  or  recorded  in  the 
ordinance  book,  there  being  no  such  requirement  in  the  statute.  Wal- 
lace v.  State,  104  Miss.  83,  61  So.  162. 

Under  Laws  1912,  ch.  129,  the  ordinance  atiempting  to  release  ter- 
ritory from  the  district  was  void  where  it  did  not  recite  that  it  was 
passed  pursuant  to  a  petition  of  the  resident  freeholders  of  the  ter- 
ritory, since  the  board  was  exercising  a  limited  and  special  jurisdiction, 


48  PUBLIC  SCHOOLS 

and  the  existence  of  all  facts  necessary  to  confer  such  jurisdiction 
must  affirmatively  appear  from  the  ordinance.  Wallace  v.  State,  104 
Miss.  83,  61  So.  162. 

Laws  1912,  ch.  129,  providing  that  the  board  of  aldermen  "may"  re- 
lease territory  added  to  a  separate  school  district,  is  mandatory.  Car- 
rollton  v.  North  Carrollton,  109  Miss.  494,  69  So.  179. 

CHAPTER  254. 

LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  where  public  schools  heretofore  established 
have  been  formed  into  a  consolidated  school  district,  and 
because  of  a  failure  to  erect  the  consolidated  school  building, 
or  for  other  reasons,  the  consolidated  school  is  not  taught, 
then  the  county  superintendent  of  education  is  hereby  au- 
thorized and  empowered  to  have  the  school  taught  as  hereto- 
fore and  so  continue  until  said  consolidated  school  is  opened 
and  in  operation. 

Sec.  2.  That  in  like  manner  the  superintendent  of  education 
and  proper  authorities  of  the  county  are  hereby  authorized 
and  empowered  to  pay  teachers  who  have  heretofore  or  are 
teaching  in  such  public  schools. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  181. 
LAWS  1918. 

Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  section  3  of  chapter  186  of  the  laws  of  1916 
be  amended  so  as  to  read  as  follows: 
Added  territory  released  from  municipal  separate  school  districts. 

Sec.  3.  That  the  mayor  and  board  of  aldermen  of  any 
municipality  in  this  state  constituting  a  separate  school  dis- 
trict shall  release  from  such  districts  any  part  of  the  added 
territory  lying  outside  of  the  corporate  limits  on  a  petition 
of  the  majority  of  the  qualified  electors  of  the  territory  pro- 
posed to  be  released,  provided,  that  said  municipal  separate 
school  district  has  no  outstanding  bonded  indebtedness.  An 
order  shall  be  entered  on  the  minute  of  the  board  of  aldermen 
describing  that  part  of  the  added  territory  that  is  released. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 


PUBLIC  SCHOOLS  49 

CHAPTER  179. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  section  4  of  House  Bill  No.  161,  chapter  186 
of  Laws  1916,  be  and  the  same  is  hereby  amended  to  read  as 
follows : 

Sec.  4.  Municipal  separate  districts ;  tax  levy,  bond  issued.—- 
The  mayor  and  board  of  aldermen  of  a  municipality  consti- 
tuting a  separate  school  district,  whether  such  district  is  com- 
posed alone  of  the  corporate  limits  or  the  corporate  limits 
and  added  territory,  shall  annually  levy  a  tax  on  the  entire 
separate  district  sufficient  to  pay  for  fuel  and  other  neces- 
saries for  the  public  schools  of  the  district,  also  for  maintain- 
ing the  school  after  the  four  months  term  provided  by  the 
state,  or  to  supplement  during  said  four  months.  The  mayor 
and  board  of  aldermen  of  such  municipality  may  also  levy  a 
tax  on  the  entire  school  district,  including  added  territory,  to 
erect,  repair  and  equip  school  buildings  including  teachers' 
homes,  and  may  issue  bonds  on  the  separate  district  for  that 
purpose  in  the  manner  provided  in  the  chapter  on  municipali- 
ties. The  taxable  property  of  such  added  territory  to  such 
municipality  shall  be  assessed  and  the  tax  collected  for  all 
school  purposes,  including  bond  issues  for  schools  (whether 
issued  in  the  name  of  the  municipality  or  of  such  school  dis- 
trict), in  the  same  manner  as  on  the  property  within  the  cor- 
porate limits;  on  the  question  of  levy  for  school  and  of  issu- 
ance of  school  bonds  provided  for  in  this  section  the  qualified 
electors  and  the  tax  payers  have  the  same  rights  and  benefits 
as  those  within  the  corporate  limits  of  such  municipality.  For 
the  purpose  of  an  election  on  a  question  pertaining  to  schools, 
such  municipality  shall  cause  the  qualified  electors  in  such 
added  territory  to  be  registered  in  like  manner  as  those  within 
the  corporate  limits,  and  governed  by  the  same  laws  as  far  as 
applicable. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  256. 

LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  all  municipal  and  unincorporated  separate 
school  districts,  and  all  consolidated  school  districts,  which 
have  exercised  the  privileges  and  franchises  of  a  school  dis- 
trict for  a  period  of  two  years  shall  in  all  cases  conclusively 
presumed  to  have  been  legally  established  and  organized. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 


50  PUBLIC  SCHOOLS 

CHAPTER  255. 

LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  children  of  educable  age  residing  in  separate 
school  districts  may  attend  any  county  public  school  within 
reach  of  their  homes,  and  be  enrolled  as  pupils  in  said  county 
public  school  and  paid  for  out  of  the  public  school  fund  of 
said  separate  school  district  in  such  manner  and  under  such 
regulations  as  may  be  prescribed  by  the  board  of  trustees  of 
said  separate  school  district;  provided,  that  no  children  shall 
be  so  enrolled  and  paid  for  except  with  the  consent  in  writing 
of  the  trustees  of  both  the  separate  school  district  and  the 
county  public  school,  and  also  of  the  county,  school  super- 
visor, or  county  superintendent. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  260. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  -That  in  a  county  or  counties  where  there  are  In- 
dian children,  or  children  of  any  race  not  otherwise  provided 
for  by  law  with  educational  advantages  sufficient  to  form 
a  school,  the  county  school  board  or  boards  may  locate  one  or 
more  schools  exclusively  for  Indians,  or  children  of  such  other 
race,  and  pay  salaries  of  teachers  for  same  under  rules  and 
regulations  prescribed  by  the  state  board  of  education. 
Special  licenses  may  be  provided  by  the  state  board  of  ex- 
aminers for  teachers  of  Indian  schools  and  other  schools  men- 
tioned in  this  section. 

Sec.  2.  That  trustees  of  municipal  separate  school  districts 
are  authorized  and  empowered  to  provide  schools  for  Indian 
children  living  within  the  district  in  the  same  manner  and 
under  the  same  regulations  as  schools  are  provided  for  the 
children  of  other  races. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER 

LAWS  1918. 

AN  ACT  authorizing  the  transportation  of  children  within  a  separate 
school  district. 

Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  The  trustees  of  all  separate  school  districts  are 


PUBLIC  SCHOOLS  51 

authorized  and  empowered  to  provide  transportation  when 
necessary  for  the  children  in  their  respective  districts  who 
live  two  miles  or  more  from  the  school  house,  and  pay  for 
same  out  of  the  school  funds  of  the  district,  as  teachers'  sala- 
ries are  paid. 

Sec.  2.     That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  186. 
LAWS  1916. 

Sec.  7364  Hemingway's  Code. 

Rural  separate  district — Tax  levy — Bond  issues. — 5.     For 

separate  school  districts  having  no  municipal  organization,  the 
board  of  supervisors  on  petition  of  a  majority  of  the  qualified 
electors  shall  levy  a  tax  sufficient  to  pay  for  fuel  and  other 
necessities  for  its  public  schools,  and  shall  make  such  levy 
of  taxes  as  may  be  necessary  to  maintain  the  schools  after  the 
expiration  of  the  four  months '  term  provided  for  by  the  State, 
or  to  supplement  during  the  four  months'  term.  The  supervi- 
sors may  also  levy  taxes  to  erect,  repair  and  equip  school 
buildings  and  houses,  and  may  issue  bonds  for  that  purpose 
in  the  manner  provided  in  the  chapter  on  municipalities.  In 
separate  school  districts  lying  in  two  or  more  counties  the 
board  of  supervisors  of  each  county  shall  levy  the  required 
tax  in  their  respective  counties  on  such  petition,  and  it  shall 
not  be  necessary  that  a  majority  of  the  qualified  electors  of 
such  district  in  each  county  shall  sign  the  petition,  but  a 
majority  of  all  the  qualified  electors  of  district,  regardless  of 
county  lines,  shall  be  sufficient  to  require  the  several  boards 
of  supervisors  to  levy  the  tax,  and  when  the  amount  of  the 
required  tax  shall  be  once  fixed,  it  shall  remain  the  same  for 
each  successive  year  so  long  as  the  district  is  maintained,  un- 
less changed  by  a  petition  of  a  majority  of  the  qualified  elec- 
tors of  the  district.  The  tax  assessor  or  assessors  shall  make 
a  separate  assessment  of  such  districts,  and  the  county  tax 
collector  or  collectors,  shall  collect  the  same  each  year  and 
deposit  it  with  the  county  treasurer,  or  treasurers,  to  the 
credit  of  the  district  for  which  it  was  levied.  Provided,  how- 
ever, where  separate  school  districts  be  created  after  the  as- 
sessor's roll  shall  have  been  completed  for  the  year,  that  the 
tax  collector  for  such  year  shall  collect  the  tax  on  said  district 
basing  the  same  on  previous  assessment.  Such  funds  shall  be 
disbursed  on  pay  certificates  issued  by  the  county  superin- 
tendent or  superintendents  when  he  or  they  shall  have  re- 
ceived an  order  from  the  trustees  of  the  district,  pay  certifi- 
cates to  be  prorated  according  to  the  amount  in  each  treasury 
to  the  credit  of  such  district. 


52  PUBLIC  SCHOOLS 

Code  1906. 

Under  Code  1906,  §  4530,  interpreted  in  connection  with  §§  4510,  4533 
and  4534,  each  county  has  a  right  to  act  for  itself  in  the  creation  of  a 
separate  district  of  unincorporated  territory,  and  a  separate  school 
district  of  unincorporated  territory  can  not  be  created  unless  it  is 
wholly  within  one  county,  except  that  territory  in  different  counties 
adjoining  a  municipality  which  is  a  separate  school  district  may  be 
included  in  such  district.  Jones  County  v.  Grisson,  97  Miss.  193,  52 
So.  629. 

A  railroad  could  not  enjoin  the  collection  of  a  tax  for  the  support  of 
school  districts  created  after  February  1st  under  Laws  1910,  ch.  217. 
Illinois  &c.  R.  Co.  v.  Middleton,  109  Miss.  199,  68  So.  146. 

Chap.  186,  Laws  1916.  Sec.  7365  Hemingway's  Code. 

To  provide  for  the  consolidation  of  municipal  separate  school 
districts. — 6.  That  where  two  or  more  municipalities  lying  ad- 
jacent to  or  near  each  other  desire  to  do  so,  they  may  join  in 
forming  and  maintaining  a  joint  separate  school  district,  that 
where  the  people  of  such  municipalities  desire  to  come  under 
the  provisions  of  this  bill,  separate  petitions  may  be  circulated 
in  each  municipality,  praying  the  mayor  and  board  of  alder- 
men or  the  municipal  commissioners  where  the  municipality  is 
operating  the  commission  form  of  government,  praying  for  the 
uniting  of  the  said  municipalities  in  one  separate  school  dis- 
trict; and  if  the  said  petition  be  signed  by  a  majority  of  the 
qualified  electors  of  such  municipality,  in  each  of  the  munici- 
palities respectively  the  mayor  and  board  of  aldermen  shall 
pass  an  ordinance  adopting  this  chapter.  "When  said  chapter  is 
adopted  as  aforesaid  the  boards  of  each  municipality  shall 
meet  in  joint  session  at  a  place  to  be  agreed  upon  or  in  case 
they  can  not  agree  then  at  the  place  of  meeting  of  the  board 
of  mayor  and  aldermen  of  the  larger  municipality  and  shall 
make  a  joint  levy  of  taxes  for  the  support  of  the  joint  separate 
school,  which  tax  shall  be  collected  in  each  municipality  by 
its  local  tax  collector  and  paid  into  its  local  treasury  subject 
to  the  order  of  trustees  herein  provided  for  in  support  of  the 
joint  separate  school.  The  said  separate  school  shall  be  gov- 
erned and  controlled  by  a  board  of  five  trustees  to  be  elected 
on  the  second  Monday  in  April  or  at  the  first  regular  meeting 
prior  thereto,  the  said  trustees  to  be  apportioned  between  the 
said  municipalities  according  to  the  number  of  educable  chil- 
dren in  said  entire  separate  school  district,  the  board  of  mayor 
and  aldermen  or  commissioners  of  each  municipality  to  elect 
the  number  of  trustees  to  which  it  is  entitled.  The  said  board 
of  trustees  shall  have  the  powers  and  be  charged  with  the 
duties  of  other  municipal  separate  school  district  trustees. 


PUBLIC  SCHOOLS  63 

CHAPTER  183. 

LAWS  1914. 
Sec.  7366  Hemingway's  Code. 

Teachers'  salaries — Supervisors  may  borrow  money  to  pay 
in  certain  cases. — 1.  The  boards  of  supervisors  in  the  various 
counties  be  and  the  same  are  hereby  authorized  to  borrow 
money  to  pay  teachers'  salaries  during  the  fall  months  of  the 
session  when  there  is  no  school  funds  in  the  treasury  for  this 
purpose. 

Chap.  183,  Laws  1914.  Sec.  7367  Hemingway's  Code. 

Interest  and  principal  of  sum  borrowed — How  to  be  paid. — 

2.  That  whatever  interest  is  necessary  shall  be  taken  care  of 
by  an  appropriation  out  of  the  general  county  fund,  or  out  of 
the  funds  of  separate  school  districts,  when  money  is  borrowed 
for  their  account.  The  principal  of  the  amount  borrowed  as 
indicated  in  the  first  section  of  this  act,  shall  be  refunded  out 
of  the  common  school  fund  of  the  county  or  out  of  the  funds 
of  the  separate  school  districts  after  it  has  been  distributed 
by  the  state,  or  collected  by  legal  levies  in  the  county  or  sep- 
arate school  districts. 

CHAPTER  195. 

LAWS  1914. 
Sec.  7368  Hemingway's  Code. 

School  districts  lying  in  two  or  more  counties  may  issue 
bonds — For  buildings. — 1.  On  petition  of  a  majority  of  the 
qualified  electors  of  a  rural  separate,  consolidated,  or  other 
school  districts,  organized  under  the  laws  of  the  State  of  Mis- 
sissippi, and  having  territory  lying  in  two  or  more  counties, 
the  boards  of  supervisors  of  the  several  counties  may  issue 
bonds  for  the  erection,  repair,  and  equipment  of  school  build- 
ings in  the  following  manner: 

Chap.  195,  Laws  1914.  Sec.  7369  Hemingway's  Code. 

Proportionate  share  of  each  county  ascertained  and  certified 
to  supervisors. — After  the  county  superintendents  of  the  sev- 
eral c  ounties,  together  with  the  trustees  of  each  separate 
consolidated  or  public  school  districts,  have  certified  to 
the  boards  of  supervisors  the  proportionate  amount  of  the 
bond  issue  to  be  borne  by  each  county  based  on  the  propor- 
tionate amount  of  property  in  each  county  lying  within  the 
said  school  districts,  each  board  of  supervisors  shall  proceed 
to  issue  bonds  on  that  part  of  the  territory  lying  in  its  county 
respectively  to  cover  its  part  of  said  bond  issue  for  the  entire 
district  and  in  the  same  manner  as  provided  in  the  chapter 


54  PUBLIC  SCHOOLS 

on  municipalities.  The  petition  for  the  bond  issue  as  indi- 
cated hereinbefore  shall  require  a  majority  of  the  qualified 
electors  of  the  entire  school  district  regardless  of  county  lines 
presented  to  the  board  of  supervisors  in  each  of  the  several 
counties. 

CODE  1906. 

Sec.  7370  Hemingway's  Code. 

4535.  Territory  added — Graded  schools. — A  separate  school 
district  may  make  either  or  both  of  its  schools  graded  schools ; 
and  graded  schools  may  be  of  two  kinds — a  graded  grammar 
school  and  a  graded  high  school.  In  every  graded  school  there 
shall  be  a  graded  grammar  school,  in  which  the  common  school 
curriculum  shall  be  included ;  and  the  graded  high  school  shall 
be  composed  of  pupils  who  have  passed  through  the  grammar 
grades,  or  who  shall  pass  an  examination  therein;  and  the 
course  shall  be  completed  in  four  years.  The  trustees  may 
fix  reasonable  tuition  fees  for  the  graded  high  school  depart- 
ment, or  it  may  be  free;  and  they  may  prescribe  what  other 
studies  shall  be  taught  in  the  graded  high  school. 

CHAPTER  125. 

LAWS  1910. 
Sec.  7371  Hemingway's  Code. 

Separate  school  district  may  introduce  music,  drawing,  in 
grammar  school  grades. — 1.  That  separate  school  districts  be 
allowed  to  introduce  public  school  music,  drawing,  and  manual 
training  into  the  grammar  school  grades,  when  a  majority  of 
the  school  trustees  so  vote. 

CODE  1906. 

Sec.  7372  Hemingway's  Code. 

4556.  Salaries  of  teachers  and  assistants. — The  salaries  for 
schools  requiring  one  teacher  shall  be  fixed  by  the  county 
superintendent  between  the  following  units:  For  a  third 
grade  teacher,  between  fifteen  dollars  and  twenty  dollars;  for 
a  second  grade  teacher,  between  eighteen  dollars  and  thirty 
dollars;  for  a  first  grade  teacher,  between  twenty-five  dollars 
and  seventy-five  dollars;  provided,  that  in  counties  having  a 
surplus  in  the  school  fund  the  county  superintendent  of  educa- 
tion may  pay  teachers  in  schools  employing  two  or  more  teach- 
ers as  much  as  one  hundred  dollars  to  the  principal  and  sixty- 
five  dollars  to  the  assistant  teachers;  such  salaries  to  continue 
only  so  long  as  said  counties  may  have  an  unexpended  surplus 
in  the  school  fund.  In  fixing  the  salary  the  superintendent 


PUBLIC  SCHOOLS  55 

must  take  into  consideration  the  executive  and  teaching  ca- 
pacity of  the  teacher,  and  the  size  of  the  school,  to  be  deter- 
mined both  by  the  educable  population  of  the  district  and  the 
average  attendance  of  the  two  preceding  years.  The  salary  of 
the  assistant  shall  not  exceed  by  more  than  five  dollars  the 
minimum  fixed  for  the  grade  of  license  he  holds,  if  the  teacher 
be  of  the  second  or  third  grade,  nor  more  than  twenty  dollars 
if  the  teacher  be  of  the  first  grade,  but  the  salary  of  any  as- 
sistant may  be  lower  than  the  minimum.  In  schools  requiring 
more  than  one  teacher  the  salary  of  the  principal  shall  bej 
regulated  so  that  the  cost  per  pupil  shall  not  materially  vary 
from  the  average  cost  of  pupils  in  schools  with  single  teachers. 
This  section  shall  not  be  construed  to  prohibit  the  employment 
of  competent  teachers  of  the  several  grades  for  a  less  com- 
pensation than  that  mentioned.  The  salaries  of  principals 
and  assistant  teachers  in  separate  school  districts  shall  be 
fixed  by  the  trustees. 

CHAPTER  244. 

LAWS  1918. 
How  a  Separate  School  District  Abolished. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  any  separate  school  district,  on  which  no 
bonded  indebtedness  exists,  may  be  discontinued  or  abolished 
by  the  county  school  board  if  the  school  be  a  rural  separate 
school  district,  or  by  the  mayor  and  board  of  aldermen,  if 
the  school  be  a  municipal  separate  school  district,  upon  pre- 
sentation of  a  petition  seeking  such  action,  signed  by  a  two 
thirds  majority  of  the  patrons  of  said  separate  school  district. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CODE  1906. 

Sec.  7375  Hemingway's  Code. 

4559.  Grade  of  license  of  a  principal  of  a  school. — A  teacher 
with  a  third-grade  license  shall  not  be  principal  of  a  school 
which  requires  an  assistant;  and  in  schools  requiring  more 
than  two  assistants,  the  principal   must    have     a     first-grade 
license. 

Sec.  7376  Hemingway's  Code. 

4560.  Contracts  with  teachers— It  shall  be  the  duty  of  the 
superintendent  to  make  a  contract,  in  the  form  prescribed  by 
the  board  of  education,  with  every  duly  licensed  teacher  who 
has  been  selected  by  the  trustees  according  to  law  or  appoint- 
ment by  himself.     The  contract  shall  be  signed  in  duplicate 
by  the  superintendent  and  by  the  teacher,  each  retaining  one 


56  PUBLIC  SCHOOLS 

part ;  and  it  shall  show  the  name  of  the  school,  the  position  of 
the  teacher,  whether  principal  or  assistant,  and  the  monthly 
salary.  In  addition  to  the  fixed  salary,  there  shall  be  stated 
in  the  contract  two  successively  smaller  amounts,  which  shall 
be  the  salary  in  case  the  attendance  decreases  to  a  number 
for  which  the  conditional  amounts  would  be  the  fixed  salary. 
Contracts  shall  be  valid  for  the  number  of  months  the  school 
is  to  be  taught  during  the  scholastic  year,  and  it  shall  be  un- 
lawful to  issue  a  certificate  for  services  rendered  before  the 
contract  is  made  and  signed ;  provided,  that  in  years  when  the 
state  appropriation  is  made  after  the  beginning  of  the  fall 
school  term,  that  it  shall  be  lawful  for  a  county  superintendent 
of  education  to  cause  the  schools  to  be  taught  without  con- 
tracts until  he  shall  have  officially  ascertained  the  amount 
of  the  common  school  fund  that  will  be  distributed  to  his 
county  for  that  scholastic  year;  and  provided,  further,  that 
where  contracts  have  been  made  before  the  amount  of  school 
fund  to  be  distributed  to  his  county  is  known,  the  same  may 
be  changed  when  he  ascertains  the  amount  his  county  will 
receive,  teachers  agreeing  thereto;  but  the  county  superin- 
tendent shall  have  the  right,  after  the  expiration  of  the  four 
months  required  by  the  constitution,  to  make  new  contracts 
with  teachers  in  counties  making  a  special  levy  to  carry  on 
the  schools  for  a  longer  term  than  four  months,  and  all  such 
contracts  shall  be  made  as  the  law  provides,  so  that  the 
amount  to  be  paid  in  salaries  for  maintaining  all  of  the  schools 
one  month  shall  not  exceed  that  fractional  part  of  the  whole 
school  fund,  as  provided  by  such  special  levy,  which  one  month 
is  of  the  whole  number  of  months  the  schools  are  to  be  taught. 

Sec.  7377  Hemingway's  Code. 

4561.  Pupils  attending  high  schools. — Educable  children 
may  attend  a  high  school  or  college  in  their  county  and  they 
shall  be  enrolled,  reported  and  paid  for  as  resident  pupils  of 
the  district,  if  the  school  has  been  established  as  a  free  public 
school  of  the  county.  Such  school  shall  receive  all  educable 
children  of  the  race  for  which  it  was  established,  but  tuition 
may  be  charged  for  all  pupils  who  pursue  studies  beyond  the 
public-school  curriculum,  to  be  paid  by  the  pupil  based  on 
number  of  such  studies  pursued,  to  be  regulated  by  the  au- 
thorities of  the  institution. 

Sec.  7379  Hemingway's  Code. 

4563.  School  registers— Pay  certificates. — The  principal 
teacher  in  a  public  school  shall  keep  a  daily  record  of  facts 
pertaining  to  the  school,  in  such  form  as  the  school  register 
requires,  and  he  shall  be  responsible  for  the  safe  keeping  and 
delivery  of  the  register  to  the  county  superintendent  at  the 
close  of  the  schocl  term,  or  of  the  period  of  service  o^  the 


PUBLIC  SCHOOLS  57 

teacher;  and  the  county  superintendent  shall  not  issue  to  a 
teacher  a  pay  certificate  for  the  last  month  taught  until  the 
teacher  shall  have  delivered  to  him  the  register  in  good  order 
and  properly  filled  out.  In  the  register  the  teacher  shall  set 
down  the  name,  age,  and  sex  of  each  pupil  in  attendance,  and 
the  names  of  absentees  for  each  day.  At  the  end  of  every 
scholastic  month  the  teacher  shall  make  out  from  the  register 
a  report  to  the  county  superintendent  of  the  name,  age,  and 
sex  of  each  pupil  in  attendance  during  the  month,  and  the 
number  of  days  such  pupil  has  attended.  The  report  shall 
be  approved  by  at  least  two  of  the  trustees,  and  certified  to 
by  them;  and  upon  the  filing  of  such  report  with  him  the 
county  superintendent  shall  issue  to  the  teacher  and  the  as- 
sistants, if  any,  a  pay  certificate,  and  the  report  shall  be  care- 
fully preserved  in  his  office.  If  the  trustees,  without  good 
cause,  refuse  to  sign  the  report,  the  teacher  may  appeal  to  the 
county  superintendent,  who  shall  issue  the  pay  certificate 
without  the  approval  of  the  trustees,  in  case  he  decides  in 
favor  of  the  teacher. 

Code  1906. 

In  a  prosecution  for  forging  the  school  trustees'  certificate  required 
by  Code  1906,  §  4563,  the  persons  whose  names  are  forged  to  such 
certificates  must  be  trustees  of  the  public  school  and  this  fact  must 
be  alleged  in  the  indictment  and  proved,  and  the  mere  recital  of  such 
a  fact  in  the  certificate  is  not  sufficient.  Griffin  v.  State,  96  Miss.  309, 
51  So.  466. 

Sec.  7380  Hemingway's  Code. 

4564.  Enumeration  of  children  during  the  first  month. — The 
principal  teacher,  not  in  a  separate  school  district,  shall,  dur- 
ing the  first  month  of  the  term,  make  a  complete  enumeration 
of  the  educable  children  in  the  district,  and  enter  in  the  regis- 
ter the  name,  color,  age,  and  sex  of  each  child  and  the  names 
and  place  of  residence  of  the  parents  of  each  child,  the  same 
to  be  examined  and  approved  by  the  trustees,   and  a  copy 
thereof  delivered  to  the  superintendent  with  a  report  of  the 
first  month. 

Sec.  7381  Hemingway's  Code. 

4565.  Term  reports. — With  the  last  monthly  report  of  the 
session  the  teacher  shall  make  a  term  report  containing  such 
facts  and  statistics  as  the  blanks  furnished  may  require.     If 
the  final  monthly  report  be  not  made  to  the  superintendent 
by  the  fifth  of  October  annually,  it  shall  be  unlawful  to  issue 
to  the  teacher  a  pay  certificate  for  more  than   eighty  per 
centum  of  his  salary  for  that  month. 

Sec.  7382  Hemingway's  Code. 

4566.  How  warrants  for  salaries  issued  to  teachers — Back 
pay. — Upon  the  presentation  of  a  pay  certificate  for  services 


58  PUBLIC  SCHOOLS 

rendered  as  a  teacher,  duly  attested  by  the  superintendent, 
the  clerk  of  the  board  of  supervisors,  or  of  the  municipality 
being  a  separate  school  district,  shall  issue  a  warrant  on  the 
treasury  for  the  amount  stated  in  the  certificate,  the  warrant 
to  state  upon  its  face  the  number  of  the  month  of  the  term 
during  which  the  services  were  rendered — as,  first  month, 
second  month,  etc. — and  to  specify  the  fund  upon  which  it  is 
drawn ;  the  clerk  shall  keep  a  file  of  the  certificates  so  received 
as  part  of  the  official  records  of  his  office,  and  shall  be  gov- 
erned in  every  respect  by  the  same  laws  that  regulate  the  is- 
suing of  county  or  municipal  warrants  for  other  purposes,  ex- 
cept that  the  warrants  for  teachers'  salaries  shall  be  issued 
directly  upon  the  certificates  of  the  county  superintendent, 
without  any  action  thereon  by  the  board  of  supervisors  or  the 
mayor  and  board  of  aldermen  by  way  of  allowance  or  ap- 
proval. For  services  rendered  by  teachers  in  public  schools 
before  the  time  when  this  chapter  becomes  operative,  and  for 
which  a  pay  certificate  or  warrant  has  not  been  issued  because 
of  a  want  of  funds  in  the  treasury  out  of  which  to  pay  it,  the 
board  of  supervisors  or  municipal  authorities,  as  the  case  may 
be,  are  authorized  to  make  proper  allowances  upon  proof  of 
such  services  rendered  in  good  faith. 

Code  1892. 

School  warrants  which  fail  to  contain  upon  their  face  the  statements 
required  are  void,  and  mandamus  will  not  lie  to  enforce  a  levy  of  a  tax 
for  their  payment.  Tunica  County  v.  Rhodes,  85  Miss.  500,  37  So.  1005. 

Code  1906. 

Code  1906,  §  4627,  is  mandatory,  and  requires  the  board  of  super- 
visors to  provide  for  the  payment  of  warrants  issued  upon  pay  cer- 
tificates attested  by  the  superintendent  of  education  under  §  4566. 
Hebron  Bank  v.  Lawrence  County,  109  Miss.  397,  69  So.  209. 

CHAPTER  187. 

LAWS  1914. 
Sec.  7383  Hemingway's  Code. 

4567.  Scholastic  year,  month  and  day.— -The  scholastic  year 
shall  begin  on  the  first  day  of  September  and  end  on  the 
thirty-first  day  of  August.  Twenty  days  of  actual  teaching 
shall  constitute  a  school  month,  and  the  number  of  hours  of 
actual  teaching  that  shall  constitute  a  school  day  shall  be  fixed 
and  determined  by  the  board  of  trustees  thereof,  at  not  less 
than  five  nor  more  than  eight  hours. 


PUBLIC  SCHOOLS  59 

CHAPTER  250. 
LAWS  1914. 

Sec.  7384  Hemingway's  Code. 

4568.  School  term,  winter  and  summer — Time  for  opening. 
— There  shall  be  a  winter  term  and  a  summer  term,  during 
either  of  which  a  school  may  be  taught,  at  the  option  of  its 
trustees.     The  county  school  board  shall  fix  the  day  for  the 
opening  of  the  winter  term  between  the  first  Monday  of  Sep- 
tember and  the  second  Monday  in  January,  and  for  the  open- 
ing of  those  of  the  summer  term  on  the  first  Monday  in  April, 
or  as  soon  thereafter  as  they  deem  suitable.     These  dates  may 
be  fixed  by  the  county  school  board  at  their  annual  meeting,  or 
at  any  called  meeting,  or  by  their  written  consent  to  a  date 
proposed  by  the  superintendent,  who,  when    the    dates    are 
fixed,  which  shall  in  all  cases  be  done  at  least  twenty  days 
prior  to  the  opening  of  the  term,  shall  notify  the  secretary 
of  the  trustees  of  each  school  in  the  county.     This  section 
shall  not  prevent  the  trustees  of  the  schools  in  a  separate 
school  dstrict  from  fixing  the  time  at  which  their  schools  may 
begin  and  end. 

CODE  1906. 

Sec.  7385  Hemingway's  Code. 

4569.  Continuous  session,  unless. — The  schools  shall  be  kept 
in  continuous  session  four  months,  and  as  much  longer  as  the 
school  fund  of  the  scholastic  year  will  maintain  them.    Trus- 
tees may,  however,  with  the  consent  of  a  majority  of  the 
patrons,  divide  the  session,  and  have  such  portion  of  it  as 
they  deem  proper  taught  in  either  term ;  but  in  that  case  they 
shall  notify  the  superintendent  of  such  division  and  of  the 
scholastic  month  at  the  beginning  of  which  they  wish  their 
school  to  open.     The  county  superintendent  may  close  all  the 
schools  for  the  Christmas  holidays,  for  an  equal  period  of 
time,  not  to  exceed  two  weeks,  and,  upon  application  from 
the  trustees,  may  close  any  school  because  of  an  epidemic  pre- 
vailing in  the  school  district,  or  on  account  of  the  death,  sick- 
ness, resignation  or  dismissal  of  the  teacher;  but  such  schools 
shall  be  allowed  their  full  time  after  being  reopened  during 
the  scholastic  year. 

Sec.  7386  Hemingway's  Code. 

4570.  Bond  and  duties  of  county  treasurers.— The  county 
treasurer  and  the  treasurer  of  every  municipality  constituting 
a  separate  school  district,  shall  be  required  to  give  additional 
bonds,  to  be  fixed  by  the  board  of  supervisors  and  the  mayor 
and  board  of  aldermen,  respectively,  in  an  amount  not  less 
than  the  amount  of  school  funds  likely  to  be  in  their  hands  at 


60  PUBLIC  SCHOOLS 

any  one  time,  for  the  faithful  performance  of  their  duties; 
and  the  county  treasurers  of  the  Chickasaw  cession  counties 
shall  be  required  to  give  additional  bonds  for  the  amount  of 
the  Chickasaw  school  fund  to  be  distributed  to  their  counties, 
equal  to  the  amount  to  be  distributed  for  the  year ;  but  the 
additional  bonds  shall  be  cumulative  security,  and  the  treas- 
urers shall  be  liable  on  their  official  bonds  for  all  school  funds 
coming  into  their  hands.  It  is  the  duty  of  the  county  treas- 
urers to  make  to  the  auditor  of  public  accounts,  reports,  on  the 
second  Mondays  of  January  and  June  of  each  year,  of  all 
moneys  accruing  to  the  common  school  fund  from  polls  col- 
lected in  their  respective  counties;  to  keep  on  their  books 
separate  and  distinct  accounts  of  the  moneys  arising  from 
poll-taxes,  from  taxes  levied  by  the  board  of  supervisors  for 
the  maintenance  of  public  schools,  from  the  distributive  share 
of  the  common  school  fund,  from  Chickasaw  school  fund,  and 
from  interest  on  funds  derived  from  the  sixteenth  sections, 
and  funds  arising  from  leases  of  those  sections,  and  funds 
from  any  other  source ;  to  receive  and  receipt  for  all  moneys 
on  account  of  school  funds  of  the  county;  to  pay  money  out 
of  the  common  school  fund  upon  the  order  of  the  county 
superintendent  of  education,  approved  by  the  board  of  super- 
visors, except  in  case  of  teachers'  salaries,  which  shall  be  paid 
upon  warrants  issued  by  the  clerk,  on  the  certificate  of  the 
county  superintendent ;  and  to  make,  on  or  before  the  fifteenth 
of  October,  an  annual  report  to  the  state  board  of  education, 
a  duplicate  of  which  shall  be  furnished  to  the  county  superin- 
tendent, showing  the  amount  received  for  public  schools  from 
each  source  during  the  preceding  fiscal  year,  the  disburse- 
ments for  the  several  purposes,  and  the  amount  of  school  war- 
rants unpaid.  The  treasurer  shall  compare  this  report  with 
the  account  kept  by  the  county  auditor,  who  shall  certify  that 
the  report  agrees  with  the  account  kept  by  him,  if  found  to 
be  correct.  The  treasurer  shall,  at  the  same  time,  make  a 
special  report  of  the  receipts  and  disbursements  of  township 
funds  belonging  to  each  township.  These  reports  shall  be 
made  in  the  form  prescribed  on  blanks  furnished  by  the  state 
superintendent.  It  shall  be  the  duty  of  the  county  superin- 
tendent to  report  a  treasurer  failing  to  make  any  such  report 
to  the  district  attorney,  who  shall  proceed  against  the  treas- 
urer criminally  and  by  suit  on  his  bond. 
Sixteenth  Sections,  see  §  6656. 

Sec.  7387  Hemingway's  Code. 

4571.  Duties  of  separate  school  district  treasurers. — The 
county  treasurer  shall,  immediately  upon  receipt  thereof  by 
him,  pay  over  to  the  treasurer  of  a  municipality  in  his  county 
which  is  a  separate  school  district,  all  money  to  which  the 


PUBLIC  SCHOOLS  61 

separate  school  district  may  be  entitled;  and  the  treasurer 
of  each  municipality  which  is  a  separate  school  district,  shall 
perform  like  duties  as  are  devolved  on  county  treasurers,  as 
far  as  applicable,  in  reference  to  money  for  the  support  of 
schools;  and  they  shall  be  subject  to  the  same  penalties  for 
failure  to  make  the  reports  required  to  be  made  to  the  board 
of  education  and  to  the  county  superintendent. 

CHAPTER  251. 

LAWS  1914. 
Sec.  7388  Hemingway's  Code. 

4572.  Counties  may  levy  ad  valorem  and  poll-tax  to  carry 
on  schools  before  and  after  four  months. — The  board  of  super- 
visors are  empowered  to  levy  annually  for  public  schools  a 
tax  upon  the  taxable  property  of  the  county,  which  is  outside 
the  limits  of  any  separate  school  district,  and  may  levy  an  ad- 
ditional poll-tax  of  not  exceeding  one  dollar  on  each  male 
inhabitant  liable  to  pay  a  poll-tax;  all  to  be  collected  as  other 
taxes  for  general  purposes,  and  at  the  same  time,  and  to  be 
paid  into  the  county  treasury  to  the  credit  of  the  school  fund ; 
and  such  taxes  shall  be  receivable  only  in  lawful  currency  of 
the  United  States,  and  shall  be  used  for  the  maintenance  of 
the  public  schools  before,  during  or  after  the  expiration  of 
the  four  months  required  by  the  constitution.    When  two  hun- 
dred qualified   electors,   outside   of  separate   school  districts, 
shall  petition  the  board  of  supervisors  to  levy  a  certain  tax 
for  the  extension  of  the  school  term  of  the  county,  the  board 
of  supervisors,  within  not  less  than  twenty  days  nor  more 
than  forty  days,  shall  submit  the  proposition  to  the  qualified 
electors,  outside  of  separate  school  districts,  of  the  county  at 
an  election,  and  if  a  majority  of  those  voting  shall  vote  for 
the  tax  the  board  of  supervisors  shall  levy  said  tax  at  the  time 
other  county  taxes  are  levied,  on  all  property  in  the  county 
subject  to  taxation  which  is  not  situated  within  a  separate 
school  district,  and  shall  continue  from  year  to  year  to  levy 
the  same  tax  until  another  election  is  held,  as  is  provided  for 
in  this  section;  provided,  the  boards  of  supervisors  in  those 
counties  where  the  tax  is  now  being  levied  shall  have  the 
power  to  continue  levying  the  tax  without  an  election.    And 
every  municipality,  being  a  separate  school  district,  may  in 
like  manner  levy  and  collect  such  taxes  for  the  maintenance  of 
schools. 

CODE  1906. 

Sec.  7389  Hemingway's  Code. 

4573.  Funds  to  be  used  only  for  year  of  receipt — Deficit 
not  allowed. — All  school  funds  received  and  collected  during 
the  scholastic  year  shall  constitute  the   school   fund   of  the 


62  PUBLIC  SCHOOLS 

county  for  that  scholastic  year ;  and  the  salaries  of  the  teach- 
ers shall  be  so  fixed  as  not  to  allow  a  deficit  in  any  year.  It 
shall  be  unlawful  for  the  superintendent  to  issue  pay  certifi- 
cates to  teachers  in  excess  of  the  amount  of  money  received 
on  account  of  the  public  schools  for  the  current  year,  and  any 
certificate  so  issued  shall  be  illegal  and  void;  but  the  superin- 
tendent shall  be  responsible  on  his  bond  to  the  holders  for  the 
face  value  of  such  certificate,  and  shall  be  so  liable  to  any 
person  whom  he  may  cause  to  teach  in  a  public  school  and  for 
whose  payment  there  is  no  money  in  the  treasury. 

Sec.  7390  Hemingway's  Code. 

4574.  How  school  fund  to  be  distributed  in  counties.— The 
county  common  school  fund  shall  be  divided  between  the 
separate  school  districts  of  a  county  and  that  portion  of  a 
county  not  included  in  separate  school  districts.  Within  thirty 
days  after  every  legal  enrollment  of  the  educable  children  of 
the  state,  and  within  thirty  days  after  the  organization  of  a 
separate  school  district,  or  a  change  has  been  made  in  the 
limits  of  one  already  organized  in  the  county,  the  county 
superintendent  of  education  shall  certify  to  the  clerk  of  the 
board  of  supervisors  the  number  of  educable  children,  to  be 
determined  from  the  official  roll  of  educable  children  on  file 
in  the  chancery  clerk's  office,  in  each  separate  school  district 
in  the  county,  and  the  number  of  educable  children  outside 
the  limits  of  separate  school  districts.  At  each  regular  meet- 
ing of  the  board  of  supervisors  it  shall  be  the  duty  of  the  clerk 
of  the  board  of  supervisors  to  apportion  the  amount  of  un- 
divided county  common-school  fund  in  the  county  treasury 
among  the  separate  school  districts  of  the  county  and  the 
county  outside  of  separate  school  districts,  on  the  basis  of 
the  number  of  the  educable  children  in  each,  as  furnished  by 
the  county  superintendent  of  education,  and  to  certify  the  said 
apportionment  to  the  board  of  supervisors,  who,  if  the  ap- 
portionment is  found  to  be  correct,  shall  order  that  a  warrant 
be  issued  in  favor  of  the  treasurer  of  each  separate  school 
district  for  the  amount  due  each  district.  At  the  first  meeting 
of  the  board  of  supervisors  after  the  passage  of  this  act,  all 
the  poll-tax  collected  since  the  last  official  report  of  the  same 
to  the  auditor  shall  be  divided  as  provided  in  this  section. 
(Laws  1906). 

Code  1906. 

Under  Const.  1890,  §  206,  the  distribution  of  poll-tax  collections  is 
governed  by  Code  1906,  §  4574,  and  not  by  §  4254,  which  was  inad- 
vertently adopted  as  part  of  the  code.  Jackson  v.  Hinds  County,  104 
Miss.  199,  61  So.  175. 


PUBLIC  SCHOOLS  63 

Sec.  7391  Hemingway's  Code. 

4575.  Tax  collector  to  turn  over  poll-taxes  to  county  treas- 
urer.— The  tax  collector  shall  turn  over  all  poll-tax  collected 
to  the  county  treasurer,  at  the  time  and  in  the  manner  now 
provided  by  law  for  paying  to  the  county  treasurer  county 
taxes  collected  by  him. 

CHAPTER  189. 

LAWS  1916. 
Sec.  7392  Hemingway's  Code. 

4576.  Balances — How  and  when  used— Funds  not  loaned. 

—If  there  shall  remain  a  balance  in  the  treasury  to  the  credit 
of  the  school  fund  of  the  several  counties  and  separate  school 
districts  on  the  thirtieth  day  of  September  in  any  year,  the 
board  of  supervisors  and  trustees  of  separate  school  districts 
during  the  month  of  October  following  may  apply  such  bal- 
ance to  the  building,  repairing  or  furnishing  with  school  furni- 
ture or  apparatus  such  schoolhouses  which  belong  to  the  coun- 
ty or  separate  school  districts,  not  appropriating  to  any  school 
located  in  the  county  or  separate  school  district  an  amount 
greater  than  one  hundred  and  fifty  dollars,  unless  an  amount 
equal  to  any  excess  of  this  sum,  to  be  appropriated  by  the 
county,  be  contributed  and  paid  into  the  county  treasury  by 
the  patrons  of  the  public  schools  making  such  application  and 
receiving  such  appropriation.  All  balances  not  so  appropriated 
shall  be  carried  forward  to  the  school  fund  for  the  next 
scholastic  year;  and  this  shall  apply  to  any  fund  that  may 
have  been  levied  by  the  county  to  carry  on  the  schools  for  a 
longer  term  than  four  months.  It  shall  be  lawful  to  loan  for 
a  period  of  one  year  any  portion  of  the  school  fund  to  any 
other  county  or  city  fund  in  which  the  separate  school  dis- 
trict may  lie. 

This  act  does  not  refer  to  Laws  1912,  ch.  248,  which  also  amends 
Code  1906,  §  4576. 

CHAPTER  157. 

LAWS  1914. 
Sec.  7393  Hemingway's  Code. 

Supervisors  may  transfer  surplus  county  funds  to  school 
fund. — 1.  That  the  board  of  supervisors  of  any  county  may  in 
their  discretion  transfer  any  surplus  funds  that  may  accumu- 
late in  the  general  county  fund  to  the  common-school  fund 
of  the  county. 


64  PUBLIC  SCHOOLS 

Sec.  7394  Hemingway's  Code. 

4577.  Two  and  three  per  centum  funds — How  used. — The 
board  of  supervisors  shall  appropriate  all  receipts  from  the 
distribution  of  the  two  and  three  per  centum  funds  to  the 
building,  repairing,  and  furnishing  school-houses  on  the  con- 
ditions prescribed  in  the  last  section  for  the  appropriation  of 
balances  of  the  school  fund. 

CHAPTER  191. 

LAWS  1916. 
Sec.  7395  Hemingway's  Code. 

4578.  When  school  fund  distributed.— 1.  That  on  the  first 
Monday  of  October  of  each  year,  or  as  soon  thereafter  as  prac- 
ticable, the  auditor  of  public  accounts  shall  distribute  to  the 
counties  and  separate  districts  one-third  of  the  common-school 
fund  for  the  scholastic  year  and  the  balance  on  the  second 
Monday  in  January  following.  The  distribution  shall  be  made 
by  the  issuance  of  auditor's  warrants  on  the  state  treasury, 
payable  to  the  treasurers  of  the  several  counties  and  separate 
school  districts,  the  superintendent  of  education  supplying  the 
data  for  distribution. 

CHAPTER  202. 

LAWS  1908. 
Sec.  7396  Hemingway's  Code. 

4579.  Enumeration   of   educable    children.— During    1908, 
and  every  four  years  thereafter,  within  the  time  authorized 
by  law  for  taking  the  assessment,  the  assessor  in  person  or  by 
sworn  deputy  or  deputies  shall  enumerate  the  educable  chil- 
dren of  his  county,  including  all  separate  school  districts  in 
it. 

CODE  1906. 

Sec.  7397  Hemingway's  Code. 

4580.  State  superintendent  to  supply  blanks. — Blanks  for 
the  enumeration  shall  be  prepared  by  the  state  superintendent. 
The  enumeration  shall  be  taken  by  townships,  and  shall  show 
the  names,  ages,  and  sex  of  the  educable  children  therein,  and 
the  names  of  their  parents  or  guardians.    Separate  lists  are 
to  be  made  for  the  white,  negro,  and  Indian  races. 

Sec.  7398  Hemingway's  Code. 

4581.  Separate  enumerations  of  municipalities.— The  enu- 
meration of  each  municipality  shall  be  separate;  and  the  chil- 
dren shall  be  listed  under  the  names  of  parents  and  guardians 


PUBLIC  SCHOOLS  65 

alphabetically  arranged,  by  wards,  and  the  street  and  number 
of  residence  shall  be  given  where  practicable. 

Sec.  7399  Hemingway's  Code. 

4582.  Every  domicile  to  be  visited. — The  tax  assessor  shall 
receive  names  of  children  having  a  living  parent  or  guardian, 
and  being  in  the  care  of  such,  only  from  the  parent  or  guar- 
dian.    Any  person  proposing  to  give  the  names  of  children 
not    his    or    her    own,    shall    first    be    required    to    make 
oath     that     he     or     she     knows     all     the     particulars     in 
reference  to  the  children  whose  names   are  proposed  to  be 
given  in ;  that  the  children  have  no  parent  or  guardian,  or  are 
not  under  the  care  of  such. 

Sec.  7400  Hemingway's  Code. 

4583.  Affidavit  to  enumeration. — The  assessor  shall  make 
an  affidavit  before  the  clerk  of  the  chancery  court  that  the 
enumeration  has  been  taken  in  accordance  with  and  in  the 
manner  prescribed  by  law,  and  that  it  contains  a  true  and  cor- 
rect list  of  all  the  educable  children  in  the  county.    The  af- 
fidavit shall  be  appended  to  each  copy  of  the  enumeration. 

Sec.  7401  Hemingway'*  Code. 

4584.  Two  copies  of  the   enumeration— When   and  where 
filed. — The  assessor  shall  make  two  copies  of  the  enumeration, 
which  copies  shall  be  examined  and  approved  by  the  board 
of  supervisors  at  their  July  meeting  if  found  correct;  and  if 
incorrect,  the  assessor  shall  not  receive  any  compensation  for 
his  services  until  the  same  is  so  corrected  that  the  board  of 
supervisors  will  approve  them,  and  on  or  before  the  first  Mon- 
day in  August  the  assessor  shall  file  one  of  said  copies  in  the 
office  of  the  clerk  of  the  chancery  court  as  a  public  record, 
and  the  other  copy  in  the  office  of  the  state  superintendent 
of  education  to  be  by  him  preserved  as  a  basis  of  apportion- 
ment of  the  common-school  fund  of  the  state  for  the  four  years 
next  succeeding.    In  case  the  county  superintendent  should 
believe  that  said  roll,  after  being  so  approved  by  the  board  of 
supervisors,  is  inaccurate,  he  may  appeal  to  the  state  superin- 
tendent within  four  months  after  the  approval  by  the  board 
of  supervisors,  giving  his  reason  for  such  appeal  in  writing, 
verified  by  affidavit,  whose  decision  in  the  matter  shall  be 

final. 

Sec.  7402  Hemingway's  Code. 

4585.  Compensation  for  enumerating    children. — As    com- 
pensation for  the  enumeration  of  the  educable  children  the 
assessor  shall  receive  out  of  the  county  school  fund  upon  al- 
lowance made  by  the  board  of  supervisors,  two  cents  for  each 
child  enumerated  in  the  county  outside  separate  school  dis- 


66  PUBLIC  SCHOOLS 

tricts,  and  the  assessor  shall  receive  out  of  each  separate  school 
district  fund,  upon  allowance  made  by  the  board  of  mayor 
and  aldermen  of  the  municipality,  two  cents  for  each  child 
enumerated  in  said  district;  but  it  shall  be  unlawful  to  make 
any  allowance  therefor  until  the  assessor  shall  present  to  the 
board  of  supervisors  and  board  of  mayor  and  aldermen  certi- 
ficates from  the  state  superintendent  showing  that  the  copies 
to  be  filed  in  his  office  have  been  received,  approved  and 
accepted. 

CHAPTER  141. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  section  4586  of  the  code  of  1906  be  amended 
to  read  as  follows: 

Sec.  4586  Hemingway's  Code. 

7403.  Failure  of  assessor;  penalty;  how  enumeration  made. 
— If  the  assessor  shall  fail  to  have  the  enumeration  of  educa- 
ble  children  of  his  county  made  and  filed  as  provided,  and  at 
the  time  specified,  he  shall  be  liable  on  his  bond  for  all 
damages  accruing  by  the  failure,  and  if  the  enumeration  so 
made  by  the  assessor  and  returned,  is  found  to  be  incorrect 
and  indefinite,  so  much  so  as  to  work  an  injustice  on  the  coun- 
ty or  any  school  district  therein,  that  the  board  of  supervisors 
shall  employ  some  other  competent  person,  to  make  a  new 
enumeration  of  the  educable  children  in  the  entire  county  or 
any  school  district  therein,  and  such  person  shall  be  entitled 
to  receive  the  compensation  for  the  services  herein  provided, 
and  the  assessor  shall  not  be  paid  for  any  condemned  enumera- 
tion. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CODE  1906. 

Sec.  7404  Hemingway's  Code. 

4621.  General  provisions — Obedience  to  teachers.— All  pu- 
pils must  comply  with  the  regulations,  pursue  the  required 
course  of  study,  and  submit  to  the  authority  of  the  teachers 
of  schools. 

Sec.  7405  Hemingway's  Code. 

4622.  Damage  to  school  property. — A  pupil  who  wilfully 
cuts,   defaces,   or  otherwise  injures   any  schoolhouse   or  the 
fences  or  outbuildings  or  shade  trees  thereof,  is  liable  to  sus- 
pension or  expulsion;  and  the  parents  or  guardians  of  such 
pupils  shall  be  liable  for  all  damages. 


PUBLIC  SCHOOLS  67 

Sec.  7406  Hemingway's  Code. 

4623.  General  rules  for  teachers.— Every  teacher  in  a  pub- 
lic school  must,  before  taking  charge  of  a  school  and  one  week 
before  closing  a  term,  notify  the  county  superintendent  of  the 
fact,  naming  the  day  of  opening  or  closing;  must  enforce  the 
course  of  study,  the  use  of  text-books,  and  the  rules  and  regu- 
lations prescribed  for  schools ;  and  must  hold  pupils  to  a  strict 
account  for  disorderly  conduct  on  the  way  to  or  from  school, 
on  the  playgrounds,  or  during  recess;  suspend  for  good  cause 
any  pupil  from  the  school,  and  report  such  suspension  to  the 
board  of  trustees  for  review.    If  his  action  be  not  sustained 
by  them,  the  teacher  may  appeal  to  the  county  superintendent, 
whose  decision,  if  against  the  teacher,  shall  be  final. 

Code  1906. 

Code  1906,  §§  4525,  4623,  do  not  authorize  the  adoption  of  a  rule  re- 
quiring all  pupils  of  the  school  to  remain  in  their  homes  and  study 
between  designated  hours  in  the  evening.  Hobbs  v.  Germany,  94  Miss. 
469,  49  So.  515. 

Sec.  7407  Hemingway's  Code. 

4624.  Trustees    not    interested    in    contracts.— -Neither    a 
school  trustee  nor  a  member  of  the  board  of  education,  county 
school  board,  or  committee  to  select  text-books  must  be  in- 
terested in  any  contract  made  in  pursuance  of  this  chapter; 
and  any  contract  made  in  violation  of  this  provision  is  void. 

Sec.  7408  Hemingway's  Code. 

4625.  Criminal  to   abuse  teachers  or  disturb   school. — A 
parent,  guardian,  or  other  person  who  shall  insult  or  abuse 
any  teacher  in  the  presence  of  the  school  shall  be  guilty  of  a 
misdemeanor,  and  be  liable  to  a  fine  of  not  less  than  ten  dol- 
lars nor  more  than  fifty  dollars.    Any  person  who  shall  wil- 
fully disturb  any  public  school  or  any  public  school  meeting 
shall  be  guilty  of  a  misdemeanor,  and  liable  to  a  fine  of  not 
less  than  ten  dollars  nor  more  than  fifty  dollars. 

Sec.  7409  Hemingway's  Code. 

4626.  Officers,  trustees  and  teachers  not  to  speculate  in 
books. — If  a  public  officer  of  this  state,  or  of  any  district, 
county,  county  district,  city,  town,  or  village  thereof,  or  any 
teacher  or  trustee  of  any  public  school  shall  be  interested  in 
the  sale,  proceeds  or  profits  of  any  books,  apparatus,  or  fur- 
niture to  be  used  in  any  public  school  of  this  state,  he  shall  be 
guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  not 
less  than  two  hundred  dollars  nor  more  than  five  hundred 
dollars. 

Sec.  7410  Hemingway's  Code. 

4627.  Outstanding    school    indebtedness. — In    any    county 
where  there  are  outstanding  school  warrants  or  indebtedness 


68  PUBLIC  SCHOOLS 

due  teachers  for  teaching  in  the  public  schools,  the  board  of 
supervisors  shall  inquire  into  the  justness  of  such  unpaid 
claims,  and  if  they  believe  it  to  be  right  and  proper  for  the 
same  to  be  paid,  they  may  take  up  and  cancel  the  same  and 
cause  a  warrant  to  issue  to  the  proper  person  on  any  county 
funds  in  the  treasury  for  such  amount  as  they  may  determine 
to  be  justly  due.  In  counties  where  such  outstanding  indebt- 
edness exists,  and  no  funds  on  hand  to  pay  it,  the  boards  of 
supervisors  of  such  counties  may  make  a  special  levy,  not  to 
exceed  one  mill  in  any  one  year  to  pay  the  same. 

Code  1906. 

Code  1906,  §  4627,  is  mandatory,  and  requires  the  board  of  super- 
visors to  provide  for  the  payment  of  warrants  issued  upon  pay  cer- 
tificates attested  by  the  superintendent  of  education  under  §  4566. 
Hebron  Bank  v.  Lawrence  County,  109  Miss.  397,  69  So.  209. 

Sec.  7411  Hemingway's  Code. 

4628.  To  pay  school  teachers  where  deficit  occurs  in  school 
funds  in  certain  cases. — In  any  county  where  public  schools 
have  been  taught  and  the  teachers  have  not  all  been  paid, 
and  the  sureties  on  the  official  bond  of  the  county  superin- 
tendent of  public  education  have  paid  the  full  penalty  of  the 
bond  into  the  county  treasury,  any  teacher  who  has  taught 
a  school  under  employment  of  the  county  superintendent,  and 
has  not  been  paid  in  full  for  services  as  such  teacher,  may 
file  with  the  board  of  supervisors  a  claim  against  the  county 
for  the  balance  due,  and  the  board  of  supervisors  may  examine 
all  such  claims  and  allow  such  as  it  may  deem  just,  and  au- 
thorize the  same  to  be  paid  out  of  any  general  county  funds 
in  the  hands  of  the  county  treasurer. 

Sec.  7412  Hemingway's  Code. 

4629.  School  libraries. — When  any  public  free  school  in 
this  state  shall  raise  ten  dollars  by  subscription  or  otherwise 
for  a  library  for  such  school,  and  shall  furnish  a  suitable  book- 
case with  lock  and  key,  the  superintendent  of  education  of 
the  county  where  such  subscription  is  raised  may  issue  his 
certificate  for  ten  dollars  in  favor  of  said  school,  to  be  paid 
out  of  the  common-school  fund  of  that  county ;  but  in  no  case 
shall  the  amount  given  by  the  county  in  any  year  exceed  one 
hundred   dollars;   provided,   that   no   school   shall   receive   a 
second  donation  from  the  school  fund  for  library  purposes  so 
long  as  there  are  any  new  applications  from  schools  that  have 
not  been  supplied. 

Sec.  7413  Hemingway's  Code. 

4630.  Library  commission. — The  county  superintendent  of 
education  shall  name  two  first-grade  teachers,  who,  together 
with  the  county  superintendent  of  education,  shall  constitute 


PUBLIC  SCHOOLS  69 

a  county  library  commission,  and  it  shall  be  the  duty  of  this 
commission  to  name  a  list  of  books  suited  for  school  libraries, 
and  all  books  purchased  under  this  provision  shall  be  selected 
from  this  list.  It  shall  be  the  duty  of  this  commission  to  make 
rules  and  regulations  to  govern  and  control  the  use  of  such 
libraries  in  the  county,  and  shall  name  a  local  manager  for 
each  library,  who  shall  make  a  report  every  year  to  the  coun- 
ty commission  of  all  books  purchased  during  the  year,  of  the 
money  on  hand  at  the  time  of  the  report,  together  with  the 
amount  expended  for  library  purposes.  The  county  superin- 
tendent shall  keep  a  list  of  books  purchased  by  the  several 
libraries  of  his  county  and  make  a  library  report  to  the  state 
superintendent  of  education  biennially  with  the  county  school 
report. 

CHAPTER  29. 

LAWS  1917. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  the  state  of  Mississippi  hereby  accepts  the 
provisions  of  the  acts  of  congress,  approved  February  23,  1917, 
entitled :  ' '  An  act  to  provide  for  the  promotion  of  vocational 
education  to  provide  for  co-operation  with  the  states  in  the 
promotion  of  such  education  in  agriculture  and  trades  and 
industries;  to  provide  for  co-operation  with  the  states  in  the 
preparation  of  teachers  of  vocational  subjects;  and  to  appro- 
priate money  and  regulate  its  expenditures ; "  (Public  No.  347, 
64th  congress).  The  good  faith  of  the  state  is  hereby  pledged 
to  make  available  for  the  several  purposes  of  said  act  funds 
sufficient  at  least  to  equal  the  sums  allotted,  from  time  to  time, 
to  this  state  from  the  appropriations  made  by  said  act  and 
to  meet  all  conditions  necessary  to  entitle  the  state  to  the 
benefits  of  said  act. 

State  treasurer  made  custodian  of  funds. 

Sec.  2.  The  state  treasurer  is  hereby  designated  custodian 
of  funds  allotted  to  this  state  from  the  appropriations  made 
by  said  act,  and  he  shall  receive  and  provide  for  the  proper 
custody  and  disbursement  of  the  same  in  accordance  with 
said  act. 

State  board  of  vocational  education  created;  to  co-operate  with  federal 
board. 

Sec.  3.  There  is  hereby  created  a  state  board  for  vocational 
education,  to  consist  of  the  state  superintendent  of  education, 
assistant  superintendent  of  education,  the  acting  supervisor  of 
white  rural  schools,  the  acting  supervisor  of  negro  rural  schools, 
and  one  citizen  of  the  state,  to  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  Senate,  who  shall  hold 


70  PUBLIC  SCHOOLS 

office  for  a  term  of  four  years,  and  until  his  successor  is  ap- 
pointed and  has  qualified.  Members  of  the  board  shall  receive 
no  salary  nor  traveling  expenses,  save  the  member  appointed  by 
the  governor,  who  shall  receive  actual  and  necessary  traveling 
expenses  in  attending  board  meetings.  It  shall  be  the  duty  of 
said  board,  and  it  is  hereby  empowered  to  co-operate,  as  pro- 
vided in  and  required  by  the  aforesaid  act  of  congress,  with  the 
federal  board  for  vocational  education  in  the  administration  of 
the  provisions  of  said  act  and  to  do  all  things  necessary  to 
entitle  the  state  to  receive  the  benefits  thereof. 

Sec.  4.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  256. 

LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  the  board  of  trustees  of  any  public  school 
in  the  state  may  in  their  discretion,  maintain  evening  or  part- 
time  schools  for  persons  in  need  of  such  instruction  and  pay 
for  same  from  school  funds  raised  by  local  levy. 

Sec.  2.  That  the  state  board  of  vocational  education  is 
hereby  authorized  and  empowered  to  establish  qualifications 
for  and  to  examine  and  legally  license  all  teachers  who  are 
to  be  employed  in  vocational  schools  or  departments  estab- 
lished under  the  provisions  of  the  act  of  congress  approved 
February  23,  1917,  entitled,  "An  act  to  provide  for  the  pro- 
motion of  vocational  education,  etc." 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  253. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  the  boards  of  supervisors  of  the  various 
counties  in  Mississippi,  which  are  entitled  to  share  in  the 
distribution  of  the  Chickasaw  school  funds,  be  and  are  hereby 
authorized  and  empowered  to  make  settlement  with  any  sep- 
arate school  district  in  said  counties  which  has  received  more 
or  less  than  its  proportionate  part  of  said  funds  and  the  boards 
of  supervisors  may  appropriate  any  money  now  on  hand  or 
that  may  be  allotted  to  said  counties  in  the  future  in  the  pay- 
ment of  any  amount  due  to  such  separate  school  districts. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 


PUBLIC  SCHOOLS  71 

CHAPTER  250. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  all  bonds,  notes,  certificates  of  indebtedness 
and  other  obligations,  which  have  been  issued  or  ordered  is- 
sued, by  any  and  all  consolidated  school  districts  or  separate 
school  districts,  under  and  by  authority  of  any  general,  special, 
local  or  private  act  of  the  legislature  be,  and  they  are  hereby 
in  all  things  made  valid  and  legal,  and  are  binding  obligations 
on  the  consolidated  school  district  or  separate  school  districts 
issuing  the  same,  or  ordering  the  same  to  be  issued,  regardless 
of  defects,  errors,  omissions,  or  informalities  in  their  issuance 
or  orders  of  issuance,  or  in  the  organization  of  such  school 
districts,  or  the  failure  of  such  consolidated  school  districts 
or  separate  school  districts  to  comply  with  any  law  or  part  of 
law  providing  for  their  issuance,  or  in  the  creation  or  organi- 
zation of  such  district. 

Sec.  2.  That  this  act  shall  apply  to  all  such  bonds,  notes, 
certificates  of  indebtedness,  or  other  such  obligations  already 
issued  and  outstanding,  or  ordered  to  be  issued,  and  such  ob- 
ligations, bonds,  notes  and  certificates  of  indebtedness  are 
hereby  made  in  all  things  valid  and  legal,  provided,  it  shall 
not  apply  to  bonds  over  which  there  is  now  a  judicial  contest 
and  upon  which  no  money  has  been  paid. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  234. 

LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  any  county  in  this  state  owning  lands  or 
houses  which  have  been  used  for  school  purposes,  and  in 
which  consolidated  school  districts  have  been  organized  em- 
bracing the  lands  or  houses  heretofore  so  used,  or  where  con- 
solidated school  districts  may  hereafter  be  organized,  is  here- 
by fully  authorized  and  empowered  upon  petition  of  a  ma- 
jority of  the  qualified  electors  residing  in  the  territory  which 
comprised  the  former  school  district,  acting  through  its  board 
of  supervisors,  to  sell  and  convey  any  or  all  of  said  property 
upon  such  terms  as  the  board  of  supervisors  may  determine 
to  be  to  the  best  interest  of  the  county,  and  to  appropriate 
the  proceeds  of  said  sales  to  the  support  and  maintenance  of 
the  consolidated  school  which  has  been  or  which  may  be  es- 
tablished in  the  district  where  said  lands  or  houses  may  be 
situated,  or  to  convey  said  property  directly  to  said  consoli- 


72  PUBLIC  SCHOOLS 

dated  schools  for  the  support  and  maintenance  thereof,  the 
provisions  of  this  act  shall  operate  to  validate  all  sales  hereto- 
fore made. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  passage. 

CHAPTER  258. 

LAWS  1918. 

AN  ACT  to  compel  the  attendance  at  school  of  children  within  certain 
ages  in  the  state  of  Mississippi;  to  fix  exceptions  to  such  provisions; 
to  provide  means  for  the  enforcement  of  this  act;  to  require  reports 
from  private  or  parochial  schools;  to  make  it  unlawful  for  any 
parent,  guardian  or  other  person  occupying  the  place  of  parent  to 
violate  the  provisions  of  this  act. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  on  and  after  the  first  day  of  September, 
1918,  every  parent,  guardian  or  other  person  in  the  state  of 
Mississippi  having  control  or  charge  of  any  child  or  children 
between  the  ages  of  seven  and  fourteen  years,  inclusive,  shall 
be  required  to  send  such  child  or  children  to  a  public  school 
or  to  a  private,  denominational  or  parochial  school  taught  by 
a  competent  instructor,  and  such  child  or  children  shall  attend 
school  for  at  least  sixty  days  during  each  and  every  scholastic 
year;  provided  that  the  county  school  board,  or  in  case  of  a 
separate  school  district,  the  board  of  trustees  shall  have  power 
to  reduce  the  period  of  compulsory  attendance  to  not  less  than 
forty  days  for  any  individual  school;  provided  further,  that 
the  period  of  compulsory  attendance  for  each  school  shall 
commence  at  the  beginning  of  the  school,  unless  otherwise  or- 
dered by  the  county  school  board  or  by  the  board  of  trustees 
of  a  separate  school  district,  as  the  case  may  be. 

Sec.  2.  That  any  and  all  children  who  have  completed  the 
common  school  course  of  study  or  the  equivalent  thereof,  shall 
be  exempt  from  the  provisions  of  this  act,  and  in  case  there 
be  no  public  school  within  two  and  one  half  miles  by  the 
nearest  traveled  road  of  any  person  between  the  ages  of  seven 
and  fourteen  years  inclusive,  he  or  she  shall  not  be  subject 
to  the  provisions  of  this  act  unless  public  transportation 
within  reasonable  walking  distance  is  provided;  provided 
further,  that  the  teacher  of  any  school  with  the  approval  of 
the  trustees  of  the  school  shall  have  the  authority,  in  the  ex- 
ercise of  their  discretion,  to  permit  the  temporary  absence  of 
children  from  the  school,  between  the  ages  of  seven  and  four- 
teen, inclusive,  in  extreme  cases  of  emergency  or  domestic 
necessity. 

Sec.  3.  That  any  and  all  children  who  are  physically  or 
mentally  incapacitated  for  the  work  of  the  school  are  exempt 


PUBLIC  SCHOOLS  73 

from  the  provisions  of  this  act,  but  the  school  authorities  shall 
have  the  right,  and  they  are  hereby  authorized,  when  such 
exemption,  under  the  provisions  of  this  act,  is  claimed  by  any 
parent,  guardian  or  other  person  having  control  of  such  child 
or  children,  to  require  from  a  practicing  physician  a  properly 
attested  certificate  that  such  child  or  children  should  not  be 
required  to  attend  school  on  account  of  some  physical  or 
mental  condition  which  renders  his  attendance  impractical  or 
inexpedient. 

Sec.  4.  That  in  case  where  because  of  extreme  poverty,  the 
services  of  such  children  are  necessary  for  their  own  support, 
or  the  support  of  their  parents,  as  attested  by  an  affidavit  of 
said  parents,  the  teacher  shall,  with  the  consent  of  the  trustees, 
spare  such  child  or  children  from  attendance ;  or  in  case  where 
such  parent,  guardian  or  other  person  having  control  of  the 
child,  shall  show  before  an  officer  by  affidavit,  that  the  child 
is  without  necessary  books  and  clothing  for  attending  school 
and  that  he  is  unable  to  provide  them,  the  said  child  may  be 
excused  from  attendance,  until  through  charity  or  other 
means,  books  and  clothing  have  been  provided,  and  thereafter 
the  child  shall  no  longer  be  exempt  from  such  attendance. 

Sec.  5.  That  it  shall  be  the  duty  of  the  principal  teacher 
of  all  schools  to  report  to  the  county  superintendent  all  cases 
of  non-enrollment  and  non-attendance  in  accord  with  section 
1  of  this  act.  In  all  cases  investigated  by  the  county  super- 
intendent, where  no  valid  reason  for  non-enrollment  or  non- 
attendance  is  found,  it  shall  be  the  duty  of  the  county  super- 
intendent to  give  written  notice  to  the  parent,  guardian  or 
other  person  having  control  of  the  child,  which  notice  shall 
require  the  attendance  of  said  child  at  such  school  within  three 
days  from  date  of  said  notice. 

Sec.  6.  That  if  within  three  days  from  date  of  service  of 
such  notice,  the  parent,  guardian  or  other  person  having  con- 
trol of  such  child,  does  not  comply  with  the  requirements,  the 
county  superintendent  may,  if  he  deem  it  necessary,  make 
affidavit  against  such  parent,  guardian  or  other  person  hav- 
ing control  of  such  child,  before  any  justice  of  the  peace, 
mayor  or  police  justice  of  any  town  or  city  as  the  case  may 
be,  in  which  such  offense  shall  be  committed,  which  court  is 
hereby  clothed  with  jurisdiction  over  all  offenders  with  full 
power  to  hear  and  try  all  complaints,  and  on  conviction, 
punish  by  a  fine  of  not  less  than  one  dollar  ($1.00)  nor  more 
than  ten  dollars  ($10.00)  for  each  offense  and  enforce  their 
collection. 

Sec.  7.  All  school  officers,  including  those  in  private,  de- 
nominational or  parochial  schools  in  this  state,  offering  in- 
structon  to  pupils  within  the  compulsory  attendance  ages,  are 


74  PUBLIC  SCHOOLS 

hereby  required  to  make  and  furnish  all  reports  that  may  be 
required  by  the  state  superintendent  of  education  and  by  the 
county  superintendent  of  education,  or  by  the  trustees  of  any 
municipal  separate  school  district,  with  reference  to  the 
working  of  this  aet.  Every  teacher  employed  in  the  public 
schools  of  the  state  of  Mississippi  is  hereby  required  to  make 
a  report  to  the  county  superintendent  or  principal  of  a  mu- 
nicipal separate  school  district  in  which  he  may  be  employed, 
showing  the  names  and  addresses  of  all  pupils  who  have  been 
truant  or  habitually  absent  from  school  during  the  previous 
month,  and  stating  the  reason  for  such  truancy  or  habitual  ab- 
sence, if  known. 

Sec.  8.  That  in  case  any  pupil  has  become  habitually  truant 
or  a  menace  to  the  best  interests  of  the  school  which  he  is 
attending,  or  should  attend,  then  it  shall  be  the  duty  of  the 
teacher  to  report  such  fact  and  condition  to  the  parent,  guard- 
ian or  other  person  having  control  of  such  child,  who  shall  be 
held  liable,  under  the  provisions  of  this  act,  for  the  regular 
attendance  and  good  conduct  of  such  child,  unless  such  pa- 
rent, guardian  or  other  person  having  control  of  such  child 
shall  state  in  writing  to  the  teacher  that  he  or  she  is  unable 
to  control  such  child,  whereupon  said  teacher  shall  proceed 
against  such  incorrigible  pupils  as  a  disorderly  person  before 
a  court  of  competent  jurisdiction,  and  said  child  upon  convic- 
tion may  be  sentenced  to  any  custodial  institution  that  may 
be  open  to  such  children.  If  there  be  no  available  institution, 
then  such  incorrigible  child  shall  be  expelled  from  school. 

Sec.  9.  That  in  order  that  the  provisions  of  this  act  may  be 
more  definitely  enforced,  the  county  superintendent  of  educa- 
tion shall,  not  later  than  ten  days  before  the  annual  com- 
pulsory attendance  term,  furnish  to  each  principal  of  a  rural 
school  and  to  the  superintendent  or  principal  teacher  of  the 
school  or  schools  in  any  municipal  separate  district,  a  list  of 
all  the  children  from  seven  to  fourteen  years  of  age,  inclusive, 
who  should  attend  the  school  or  schools  under  the  charge  of 
t'">  said  principal  teacher  of  the  rural  school,  or  of  the  super- 
intendent or  principal  of  the  school  or  schools  in  any  muni- 
cipal separate  district,  as  the  case  may  be,  giving  the  name, 
date  of  birth,  age,  race,  sex  and  estimated  distance  from  the 
school  house  by  the  nearest  traveled  road,  the  name  and  ad- 
dress of  parents,  guardian  or  other  person  in  parental  rela- 
tionship. 

Sec.  9.  (a)  The  provisions  of  this  act  shall  not  be  applicable 
to  any  county  in  the  state,  unless  and  until  an  election  shall 
have  been  held  to  determine  whether  or  not  the  people  of  said 
county,  or  of  any  supervisors  district,  separate  school  district 
or  consolidated  school  district  shall  vote  to  come  in  under 
same. 


PUBLIC  SCHOOLS  75 

Sec.  9.  (b)  The  board  of  supervisors  of  any  county  shall, 
upon  petition  signed  by  twenty  per  cent  of  the  qualified  elec- 
tors of  said  county,  or  twenty  per  cent  of  the  qualified  electors 
of  a  supervisors  district,  or  by  twenty  per  cent  of  the  qualified 
electors  of  any  separate  school  district,  or  by  twenty  per  cent 
of  the  qualified  electors  of  any  consolidated  school  district  of 
said  county,  order  an  election  to  be  held  in  the  county  at 
large,  or  in  a  separate  school  district,  or  in  a  consolidated 
school  district,  as  the  case  may  be,  to  determine  the  will  of 
the  people  as  to  whether  said  county  or  separate  school  dis- 
trict, or  consolidated  school  district  shall  come  under  the 
provisions  of  this  act.  In  the  event  a  majority  of  those  voting 
in  said  election  shall  vote  for  compulsory  school  attendance, 
then  the  provisions  of  this  act  shall  apply,  and  not  otherwise. 

Sec.  9.  (c)  Provided,  that  in  any  county,  or  supervisors  dis- 
trict, or  consolidated  school  district,  or  separate  school  dis- 
trict where  a  special  election  shall  have  been  held  and  carried 
in  favor  of  the  provisions  of  this  act,  no  subsequent  election 
on  the  subject  of  compulsory  school  attendance  shall  be  held 
within  four  scholastic  years  after  the  date  of  such  election. 

Sec.  10.  That  this  act  take  effect  and  be  in  force  from  and 
after  September  1,  1918. 

CODE  1906. 
Sec.  4639  Hemingway's  Code. 

2272.  Doors  to  open  outwardly.— All  the  doors  for  ingress 
and  egress  to  public  schoolhouses,  theatres,  assembly  rooms, 
halls,  courthouses,  churches,  factories  with  more  than  twenty 
employes,  and  all  other  buildings  and  places  of  public  resort 
whatever,  where  people  are  wont  to  assemble,  excepting  school- 
houses,  courthouses,  and  churches  of  one  audience-room,  and 
that  on  the  ground  floor,  shall  be  so  swung  as  to  open  outward- 
ly from  the  audience-rooms,  halls,  or  workshops;  but  such 
doors  may  be  hung  on  double- jointed  hinges,  so  as  to  open 
with  equal  ease  outwardly  or  inwardly. 


76  COUNTY  SUPERINTENDENT 

COUNTY  SUPERINTENDENT. 

Sec.  7566  Hemingway's  Code. 

4809.  Designation   and    qualifications. — There    shall   be    a 
superintendent  of  public  education  in  each  county,  who  shall 
be  elected  by  the  people,  whose  term  of  office  shall  be  for 
four  years.     Before   any  one  shall  be   elected  to  the   office 
he  shall  have  attained  the  age  of  twenty-one  years,  and  shall 
be  a  qualified  elector  and  a  resident  citizen  of  the  state  for 
four  years  and  of  the  county  for  two  years  immediately  pre- 
ceding his  election,   and  shall  have  passed  the  examination 
provided  for  in  the  section  following  the  next  one  and  have 
received  a  certificate  accordingly. 

Sec.  7567  Hemingway's  Code. 

4810.  Elected  in  all  counties. — County  superintendents  of 
education  shall  be  elected  at  the  same  time  and  in  the  same 
manner  as  other  county  officers  are  elected,  and  a  vacancy 
occurring  in  said  office  shall  be  filled  in  the  manner  provided 
by  law  for  the  filling  of  vacancies  in  other  county  offices. 

CHAPTER  249. 

LAWS  1912. 
Sec.  7568  Hemingway's  Code. 

4811.  How  examined. — All  applicants  or  candidates  for  the 
office  of  county  superintendent  shall  pass  an  examination  on 
the  branches  required  for  the  first  grade  license,  and  in  ad- 
dition on  the  art  of  teaching.     The  examination  shall  be  held 
in  the  county  of  the  applicant,  and  at  such  time  as  may  be 
suggested  by  said  applicant,  by  the  state  board  of  examiners, 
under  regulations  passed  by  the  state  board  of  education,  and 
the  result  of  such  examination  shall  be  speedily  made  known 
to  said  applicant  by  said  board  of  examiners.     Candidates  or 
applicants  who  prefer  to  take  the  examination  at  Jackson  can 
do  so  by  giving  the  state  superintendent  of  education  ten  days' 
notce,  by  registered  letter,  and  having  taken  said  examination 
at  Jackosn  the  applicant  shall,  as  speedily  as  practicable,  be 
informed  of  the  result  thereof. 

CODE  1906. 

Sec.  7569  Hemingway's  Code. 

4812.  Oath  of  office  and  bond. — The  county  superintendent 
shall,  before  entering  upon  the  duties  of  his  office,  take  the 
oath  of  office,  and  give  bond  with  two  sureties,  in  the  penal 
sum  of  not  less  than  five  hundred  dollars  nor  more  than  two 


COUNTY  SUPERINTENDENT  77 

thousand  dollars,  payable  to  the  state,  conditional  for  the 
faithful  performance  of  his  duties,  the  amount  of  said  bond 
to  be  fixed  by  the  board  of  supervisors ;  and  in  case  the  super- 
intendent fail  to  give  the  required  bond  within  thirty  days 
after  his  term  of  office  begins,  when  appointed,  the  office 

shall  be  vacant. 

Sec.  7570  Hemingway's  Code. 

4813.  Shall  have    an   office. — The    county    superintendent 
shall  keep  an  office  at  the  county  seat  of  the  county,  which 
shall  be  provided  for  him,  and  furnished  with  such  furniture 
as  may  be  needed,  by  the  board  of  supervisors,  and  allowed 
and  paid  for  out  of  the  school  fund. 

Schools,  see  §  7576. 

Sec.  7571  Hemingway's  Code. 

4814.  Shall    keep    records. — The    county    superintendent 
shall  keep  a  record  of  all  of  his  official  acts,  in  the  manner 
and  form  prescribed  by  law,  and  conform  the  manner  of  its 
keeping  to  the  recommendations  and  directions  of  the  state 
superintendent  of  education;  and  he  shall  preserve  faithfully 
all  reports  of  school  officers  and  teachers,  and,  at  the  close 
of  his  official  term,  deliver  to  his  successor  all  records,  books, 
documents,  and  papers  belonging  to  the  office,  taking  a  re- 
ceipt for  the  same,  which  shall  be  filed  in  the  office  of  the 
clerk  of  the  circuit  court;  and  he  shall  perform  such  other 
duties  as  may  be  prescribed  by  law. 

Sec.  7572  Hemingway's  Code. 

4815.  Not  to  teach  school. — A  county  superintendent  of 
public  education  shall  not  teach  in  any  school  during  his  term 
of  office. 

Sec.  7573  Hemingway's  Code. 

4816.  Office  expenses. — The  cost  of  the    necessary   books, 
fuel,  office  furniture,  printing,  stationery,  and  postage  used 
by  the  superintendent  of  education  in  the  discharge  of  his  of- 
ficial duties,  shall  be  paid  for  on  the  allowance  of  the  board 
of  supervisors  out  of  the  county  treasury;  but  an  allowance 
therefor  shall  not  be  made  until  an  itemized  account  is  pre- 
sented, with  the   affidavit  of    the    superintendent    attached 
averring  its  correctness. 

Sec.  7574  Hemingway's  Code. 

4497.  County  superintendent-— Duties  generally. — It  shall 
be  the  duty  of  the  county  superintendent: 

(a)  To  employ  for  each  school  under  his  supervision,  such 
teacher  or  teachers  as  may  be  recommended  by  the  local  trus- 
tees; but  the  teacher  shall  hold  his  certificate  of  proper  date 
and  grade  and  execute  the  required  contract; 


78  COUNTY  SUPERINTENDENT 

(b)  To  examine  the  monthly  reports  of  teachers  and  require 
the  signatures  of  a  majority  of  the  trustees  certifying  to  the 
accuracy  of  the  report,  and  upon  the  report  thus  certified  to 
issue  a  pay  certificate  showing  the  amount  of  salary  due,  and 
the  scholastic  month  for  which  it  is  issued.     The  pay  certifi- 
cate must  be  in  the  form  prescribed  by  the  board  of  education, 
and  a  stub  duplicate  made  out  and  preserved  in  his  office; 

(c)  To  fix  the  salaries  of  teachers  and  to  make  contracts 
with  them; 

(d)  To  enforce  the  course  of  study  adopted  by  the  board 
of   education,   and  the   uniform  text-books   adopted   for  the 
county ; 

(e)  To  enforce  the  law  and  the  rules  and  regulations  in 
reference  to  the  examination  of  teachers ; 

(f)  To  visit  the  schools  and  require  teachers  to  perform  all 
their  duties; 

(g)  To  select  and  employ  teachers  for  public  schools  whose 
trustees  fail  to  report  a  selection  within  ten  days  of  the  time 
fixed  by  the  county  school  board  for  the  beginning  of  the 
term; 

(h)  To  administer  oaths  in  all  cases  of  teachers,  trustees, 
and  others  relating  to  the  schools,  and  to  take  testimony  in 
appeal  cases  under  the  school  law; 

(i)  To  keep  on  file  and  preserve  in  his  office  the  biennial 
report  of  the  superintendent  of  public  education  and  all  cir- 
cular letters  sent  out  by  him,  and  a  copy  of  the  school  law; 

(j)  To  distribute  promptly  all  reports,  laws,  forms,  circu- 
lars, and  instructions  which  he  may  receive  for  the  use  of 
school  officers  and  teachers,  from  the  state  superintendent  of 
public  education; 

(k)  To  carefully  preserve  all  reports  of  school  officers  and 
teachers,  and,  at  the  close  of  the  term  of  office,  deliver  to  his 
successor  all  records,  books,  documents,  and  papers  belonging 
to  the  office,  taking  a  receipt  for  the  same,  which  shall  be 
filed  in  the  office  of  the  chancery  clerk; 

(1)  To  make  annually,  on  or  before  the  first  day  of  October, 
a  written  report  to  the  board  of  supervisors  and  mayor  and 
board  of  aldermen  of  the  municipality  constituting  a  separate 
school  district,  showing  the  name,  sex  and  color  of  the  teachers 
employed  during  the  preceding  scholastic  year,  the  number  of 
months  taught  by  each,  and  the  aggregate  amounts  of  pay 
certificates  issued  to  each  and  to  all;  and  the  report  shall  be 


COUNTY  SUPERINTENDENT  79 

filed  in  the  office  of  the  chancery  clerk  or  the  municipal  clerk, 
as  the  case  may  be,  and  be  compared  by  said  officer  with  the 
pay  certificates  of  the  county  superintendent  for  the  period 
embraced  in  the  report; 

(m)  To  file  with  the  chancery  and  municipal  clerks,  before 
issuing  any  pay  certificate  for  the  current  term,  lists  of  the 
teachers  employed,  and  the  monthly  salary  of  each  as  shown 
by  the  contract,  and  to  add  to  the  list  any  teachers  subse- 
quently employed; 

(n)  To  keep  in  his  office  and  carefully  preserve  the  public 
school  record  provided;  to  enter  therein  the  proceedings  of 
the  county  school  board,  the  decisions  of  appeal  cases,  and 
other  official  acts;  a  list  of  the  teachers  examined,  licensed, 
and  employed;  and,  within  ten  days  after  they  are  rendered, 
to  record  the  data  required  from  the  monthly  and  term  re- 
ports of  teachers,  and  the  annual  reports  of  county  and  sep- 
arate school  district  treasurers;  and  from  the  summaries  of 
records  thus  kept,  to  render,  on  or  before  the  twentieth  of 
October,  an  annual  report  to  the  state  superintendent  in  the 
form  and  containing  the  particulars  required; 

(o)  To  observe  such  instruction  and  regulations  as  the 
board  of  education  may  from  time  to  time  prescribe,  and 
make  special  reports  to  those  officials  whenever  required;  and 

(p)  To  perform  such  other  duties  as  may  be  required  of 
him  by  law  or  the  rules  and  regulations  of  the  board  of  educa- 
tion; and  in  no  case  shall  he  receipt  for  a  teacher's  warrant 
or  collect  the  money  on  the  same. 

Code  1906. 

A  false  report  of  a  public  school,  purporting  to  be  signed  by  one 
who  had  neither  been  elected  by  the  trustees  nor  appointed  nor  con- 
tracted with  by  the  superintendent  as  a  teacher  of  the  school,  did  not 
authorize  the  superintendent  to  issue  a  pay  warrant  thereon,  and 
hence,  though  false  in  fact,  and  though  the  superintendent  issued  a 
certificate  for  the  payment  of  salary  thereon,  could  not  be  the  subject 
of  forgery.  Moore  v.  State,  107  Miss.  181,  65  So.  126. 

Since  the  county  superintendent  has  control  of  the  educational  sys- 
tem of  the  county  and  is  required  to  employ  teachers  selected  by  the 
local  trustees  and  enter  into  contracts  with  them  and  pay  for  their 
services,  neither  he  now  his  bondsmen  are  liable  for  errors  of  judg- 
ment and  discretion  in  the  absence  of  fraud,  though  by  reason  of  such 
errors  he  paid  to  the  teachers,  etc.,  a  greater  remuneration  than  they 
were  entitled  to.  State  v.  Green,  111  Miss.  32,  71  So.  171. 
Sec.  7373  Hemingway's  Code. 

4557.  Monthly  salaries  to  be  proportionate  to  the  whole 
school  fund. — Superintendents  shall  fix  the  salaries  of  teachers 
so  that  the  amount  to  be  paid  in  salaries  for  maintaining  all 
the  schools  one  month  shall  not  exceed  that  fractional  part  of 
the  whole  school  fund  which  one  month  is  of  the  whole  num- 
ber of  months  the  schools  are  to  be  taught. 


80  COUNTY  SUPERINTENDENT 

CHAPTER  247. 

LAWS  1912. 
Sec.  7374  Hemingway's  Code. 

4558.  When  assistants  allowed. — Superintendents  shall 
have  power  to  allow  one  teacher  to  every  fifty  educable  chil- 
dren in  a  school  district.  When  a  school  is  in  operation,  and 
has  more  than  thirty-five  children  in  actual  attendance,  in  as 
many  as  five  different  grades,  none  of  which  shall  contain  less 
than  three  pupils,  upon  application  of  the  trustees  of  the 
district  for  an  assistant  the  superintendent  shall  visit  the 
school  and,  after  conferring  with  the  trustees  and  examina- 
tion of  the  daily  register,  he  may  grant  one  assistant  if,  in  his 
judgment,  such  is  needed.  In  the  same  manner  he  may  grant 
the  second  assistant,  where  there  is  in  actual  attendance  as 
many  as  seventy  pupils  in  as  many  as  eight  different  grades. 
But  in  schools  of  over  one  hundred  in  actual  attendance  only 
one  teacher  shall  be  allowed  for  every  thirty  pupils.  In  all 
cases  those  pupils  who  are  entitled  to  attend  the  public  schools 
in  the  district  shall  be  counted  in  making  up  the  actual  at- 
tendance. 

Code  1892. 

An  indictment  against  a  teacher  for  making  a  false  report  to  the 
county  superintendent  for  the  second  month,  upon  which  he  was  al- 
lowed a  second  assistant  teacher  for  the  third  month,  and  charging 
that  with  intent  to  defraud  he  obtained  a  teacher's  pay  certificate  for 
such  assistant,  is  demurrable  in  the  absence  of  a  charge  that  the  at- 
tendance on  the  school  for  the  third  month  did  not  entitle  him  to  the 
second  assistant  during  such  month  and  that  the  certificate  was  not 
compensation  for  services  actually  rendered  by  such  assistant  during 
the  third  month.  State  v.  Mortimer,  82  Miss.  443,  34  So.  214. 

CHAPTER  182. 

LAWS  1916. 
Sec.  7575  Hemingway's  Code. 

4498.  County  superintendent — Penalty  for  failure  to  re- 
port.— 1.  If  a  county  superintendent  fails  to  make  his  annual 
report  to  the  state  superintendent  by  the  fifteenth  day  of  Sep- 
tember, he  forfeits  fifty  dollars  on  his  salary;  and  the  board 
of  supervisors,  upon  receiving  from  the  state  superintendent 
of  public  education  notice  of  such  failure,  must  deduct  the 
amount  forfeited  from  his  salary. 

CODE  1906. 

Sec.  7576  Hemingway's  Code. 

4499.  County    superintendent — Office    days. — The    county 
superintendent  shall  be  at  the  county  seat  on  Saturdays  of 


COUNTY  SUPERINTENDENT  81 

each  scholastic  month  of  the  term  to  receive  monthly  reports, 
issue  pay  certificates,  and  attend  to  other  official  duties.  If 
absent,  without  leave  previously  granted  by  the  board  of 
supervisors,  the  board  shall  deduct  from  his  salary  ten  dollars 
for  each  day's  absence,  unless  prevented  by  illness  or  other 
unavoidable  cause.  And  when  there  are  two  judicial  districts 
in  his  county,  the  superintendent  shall  alternate,  going  to  the 
courthouse  of  the  districts  alternately. 
Officers,  see  §§  2820,  7570. 

Sec.  7577  Hemingway's  Code. 

4500.  County  superintendent — Reports. — The  county  super- 
intendent shall  make  to  the  board  of  supervisors  and  mayor 
and  board  of  aldermen  of  a  municipality  constituting  a  sep- 
arate school  district,  reports  for  each  scholastic  month,  which 
shall  show  the  amount  of  pay    certificates    issued    for    that 
month,  together  with  a  statement  showing  the  schools  visited, 
the  date  of  visitation,  and  the  time  he  spent  in  each  school 
during  his  visit ;  and  it  shall  be  unlawful  to  allow  the  salary  of 
the  superintendent  until  said  report  be  on  file. 

CHAPTER  183. 

LAWS  1916. 
Sec.  7578  Hemingway's  Code. 

4501.  County  superintendent — Salary,  how  paid — Must  de- 
vote time  to  duties. — 1.  The  salary  of  the  county  superinten- 
dent shall  be  paid  out  of  the  county  common-school  fund,  on 
allowance  of  the  board  of  supervisors  after  it  has  approved 
the  report  required  to  be  made  to    it    every   month   by   the 
superintendent,  and  the  salary  is  fixed  at  five  per  centum  of 
the  total  school  fund  received  by  the  county  and  separate 
school  districts  annually;  but  a  county  superintendent  shall 
not  receive  more  than  eighteen  hundred  dollars  nor  less  than 
one  thousand  dollars  per  annum,  and  in  fixing  the  salary  for 
any  year  it  shall  be  based  on  the  amount  of  school  fund  re- 
ceived by  the  county  and  separate  school  districts,  and  other 
taxing  districts,   during  the  preceding  scholastic  year;  pro- 
vided, further,  that  the  board  of  supervisors  may  fix  the  sal- 
ary of  the  county  superintendent  at  any  amount  greater  than 
five  per  centum  of  the  school  fund  as  hereinbefore  stated  not 
to  exceed  eighteen  hundred  dollars  and  in  no  case  shall  the 
county  superintendent  pursue  any  other  secular  profession  or 
business  of  a  public  nature,  but  shall  devote  his  entire  time 
to  the  duties  of  his  office.     Municipalities  constituting  sep- 
arate school  districts  and  rural  separate  school  districts  shall 
pay  their  proportionate  part  of  salary,   estimated  upon  the 
amount  of  funds  received  from  the  state  distribution.     Pro- 


82  COUNTY  SUPERINTENDENT 

vided  that  the  provisions  of  this  act  requiring  the  time  of  the 
county  superintendent  may  in  the  discretion  of  the  board  of 
supervisors  of  any  county  be  suspended  until  January  1,  1920. 

Sec.  7579  Hemingway's  Code. 

4502.  County  superintendent — Visiting  schools. — The  coun- 
ty superintendent  shall  visit  all  the  schools  in  his  county  at 
least  once  during  the  term.    On  the  first  visit  he  shall  remain 
at  least  two  hours,  and  shall,  in  county  schools,  correct  any 
deficiency  which  may  exist  in  the  classification  of  the  pupils 
or  the  government  of  the  school;  and  in  separate  school  dis- 
tricts he  shall  call  the  attention  of  the  trustees  to  such  de- 
ficiencies for  correction  by  them.    He  shall  note  down  the  con- 
dition and  value  of  the  building  and  lot,  and  of  the  furniture, 
the  methods  of  instruction,  the  branches  taught,  and  his  esti- 
mate of  the  ability  of  the  teacher  to  conduct  a  school.  He  shall 
give  such  directions  and  make  such  recommendations  as  he 
deems  expedient  and  needful  to  secure  the  best  results  in  the 
instruction  of  the  pupils,  and  shall  examine  the  classes  to  see 
that  thorough  work  is  done.    He  shall  urge  patrons  to  pro- 
vide their  children  with  comfortable  and  well-furnished  school- 
houses.    For  every  school  not  so  visited,  the  board  of  super- 
visors must,  on  proof  thereof,  deduct  ten  dollars  from  his 
salary. 

Sec.  7580  Hemingway's  Code. 

4503.  County  superintendent — To  settle  disputes  in  schools. 
— In  all  controversies  arising  under  the  school  law,  the  opin- 
ion and  advice  of  the  county  superintendent  shall  first  be 
sought,  from  whose  decision  an  appeal  may  be  taken  to  the 
state  board  of  education  upon  a  written  statement  of  the  facts, 
certified  by  the  county  superintendent  or  by  the  secretary  of 
the  trustees. 

Code  1906. 

Code  1906,  §§  4487,  4503,  do  not  exempt  the  school  authorities,  acting 
beyond  the  scope  of  their  powers  and  in  violation  of  law,  from  inter- 
ference by  the  courts,  and  equity  has  jurisdiction  to  enjoin  the  trustees 
and  the  teacher  of  a  school  district  from  enforcing  an  invalid  rule. 
Hobbs  v.  Germany,  94  Miss.  469,  49  So.  515. 

Sec.  7581  Hemingway's  Code. 

4504.  County  superintendent — May  suspend  or  remove  a 
teacher  or  trustee — Fill  vacancies. — For  incompetency,  neglect 
of  duty,  immoral  conduct,  or  other  disqualification,  the  county 
superintendent  may  suspend  or  remove  any  teacher  or  trus- 
tee from  office,  except  in  separate  school  districts.    And  for 
the  purpose  of  conducting  inquiries  and  trials,  the  superin- 
tendent has  the  same  power  as  a  justice  of  the  peace  to  issue 
subpoenas  for  witnesses,  and  to  compel  their  attendance  and 


COUNTY  SUPERINTENDENT  83 

the  giving  of  evidence  by  them.  When  from  such  cause,  or 
from'  death,  resignation,  or  other  cause,  a  vacancy  in  either 
of  the  above-named  offices  occurs,  it  shall  be  the  duty  of  the 
county  superintendent,  within  ten  days  after  the  vacancy 
occurs,  or  as  soon  thereafter  as  practicable,  to  supply  the  same 
by  appointment. 

Code  1892. 

A  public  school  teacher,  under  the  school  laws,  has  a  valid  right, 
for  the  protection  of  which  he  is  entitled  to  a  mandamus.  Section 
2533  does  not  deny  such  remedy.  Brown  v.  Owen,  75  Miss.  319,  23 
So.  35. 

Though  the  county  superintendent,  under  this  section,  may  in  proper 
cases  suspend  or  remove  a  teacher,  yet  he  can  do  so  only  for  the 
causes  and  in  the  mode  herein  prescribed.  Brown  v.  Owen,  75  Miss. 
319,  23  So.  35. 

In  a  proceeding  to  suspend  or  remove  a  teacher  by  the  county  su- 
perintendent, the  proceeding  must  be  upon  specific  written  charges, 
after  due  notice.  Brown  v.  Owen,  75  Miss.  319,  23  So.  35. 

Sec.  7582  Hemingway's  Code. 

4505.  County  superintendent — May  revoke  teachers'  license. 
—For  intemperance,  immoral  conduct,  brutal  treatment  of  a 
pupil,  or  other  good  cause,  the  county  superintendent  may  re- 
voke the  license  of  a  teacher ;  but  the  teacher  shall  be  allowed 
an  appeal  to  the  state  board  of  education,  to  whom  statements, 
under  oath,  of  the  facts  may  be  made  by  the  superintendent 
and  other  interested  parties.     The  teacher  must  be  notified  of 
the  charges  ten  days  before  the  trial,  by  the  county  superin- 
tendent. 

Sec.  7583  Hemingway's  Code. 

4506.  County    superintendent — Duty    to    successor. — The 
county  superintendent,  when  he  resigns,  vacates,  is  removed, 
or  goes  out  of  office,  shall,  within  ten  days  thereafter,  deliver 
to  his  successor,  or  to  the  clerk  of  the  chancery  court  for  him, 
all  money,  property,  books,  effects  or  papers  remaining  in  his 
hands. 

Sec.  7584  Hemingway's  Code. 

4507.  County  superintendent— Record  of  names  of  trustees 
— Official  notices. — The  county  superintendent  shall  attend  at 
his  office  on  the  fourth  Saturday  in  September  of  every  year 
to  receive  the  certificates  of  election  of  trustees.    He  shall 
make  a  record  of  the  names  of  trustees,  showing  the  districts 
in  which  they  were  elected,  and  the  post,  off  ice  of  each.    He 
shall  at  that  time  deliver  to  the  trustees  of  each  district  such 
blanks  as  they  will  need  for  the  coming  school  year,  and  give 
them  such  information  with  regard  to  their  duties  as  may  be 
required.    He  shall  address  all  official  correspondence  to  the 
trustees ;  and  notice  to  them  shall  be  regarded  as  notice  to  the 
people  of  the  district,  and  it  shall  be  the  duty  of  the  trustees 
to  notify  the  people. 


84  COUNTY  SUPERINTENDENT 

Sec.  7585  Hemingway's  Code. 

4508.  County  superintendent — Not  to  speculate  in  teachers' 
warrants. — Any  county  superintendent,  or  other  county  officer, 
his  agent  or  deputy,  who  shall  purchase  any  teacher's  war- 
rant or  pay  certificate  at  less  than  the  amount  for  which  the 
same  shall  be  drawn,  or  at  a  discount,  or  shall  cause  another 
person  so  to  purchase  the  same,  or  shall  in  any  way,  directly  or 
indirectly,  realize  a  profit  from  any  transaction  in  teachers' 
warrants  or  pay  certificates,  or  any  trade  or  speculation  there- 
in, or  loan  or  advance  thereon,  shall  be  guilty  of  a  misde- 
meanor, and,  upon  conviction,  shall  be  fined  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars,  to  be  de- 
ducted from  any  money  due  him  as  salary,  or  recoverable  on 
his  bond ;  and  one-half  of  said  fine  shall  be  paid  to  the  person 
giving  information  of  the  misdemeanor,  and  the  guilty  super- 
intendent shall  be  removed  from  office. 

Crimes  and  Misdemeanors,  see  §  1048. 
County  Treasurers,  see  §  4160. 

Sec.  7328  Hemingway's  Code. 

County  superintendent  to  secure  placards. — 2.  It  shall  be 
the  duty  of  the  county  superintendent  of  education  in  each 
county  to  secure  from  the  state  board  of  education  such  pla- 
cards and  have  them  placed  on  the  walls  of  the  public  school- 
rooms in  the  various  counties.  (See  Chap.  123,  Laws  1910, 
Sec.  2.) 

Sec.  7586  Hemingway's  Code. 

4509.  Deputies — When  appointed — Compensation.      -  The 
county  superintendent  of  education  may,  when  prevented  by 
sickness  from  attending  to  the  duties  of  the  office,  appoint  a 
deputy  who  shall  be  authorized  to  discharge  all  duties  per- 
taining thereto.    The  qualifications  of  the  deputy  shall  be  the 
same  as  the  qualifications  of  a  first  grade  teacher.     The  deputy 
superintendent  shall  be  paid  not  less  than  seventy-five  per 
centum  of  the  salary  the  county  superintendent  shall  receive 
for  an  equal  period  of  time,  and  shall  be  paid  out  of  the  salary 
of  the  superintendent  of  education. 

CHAPTER  171. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  chapter  188,  of  the  acts  of  1914  be  amended 
so  as  to  read  as  follows: 

Boards  of  supervisors  of  this  state  may  offer  as  prizes  to 
corn  clubs  of  the  public  schools  of  the  county  an  amount  of 


COUNTY  SUPERINTENDENT  85 

money  not  exceeding  fifty  dollars,  ($50.00)  in  any  one  year  in 
any  county.  The  sum  may  be  divided  into  three  prizes  of 
twenty  five  dollars  for  the  first  prize,  fifteen  dollars  for  the 
second  prize,  and  ten  dollars  for  the  third  prize,  or  in  that 
proportion. 

Sec.  2.  That  county  superintendents  of  education,  with  the 
approval  of  the  county  boards  of  examiners,  may  appropriate 
an  amount  of  money  not  exceeding  seventy  five  ($75.00)  dol- 
lars, in  any  one  year,  in  any  county  from  the  county  school 
fund,  in  addition  to  that  provided  under  section  1  of  this  act, 
to  be  offered  as  prizes  to  the  corn  clubs,  pig  clubs,  baby  beef 
clubs  or  other  agricultural  clubs  that  may  hereafter  be  organ- 
ized to  the  public  schools  of  the  county. 

That  said  sum  to  be  divided  into  prizes  in  such  proportion 
for  the  corn  clubs,  pig  clubs,  baby  beef  clubs,  or  other  agri- 
cultural clubs  that  may  hereafter  be  organized,  as  the  county 
superintendent,  with  the  approval  of  the  county  board  of  ex- 
aminers, may  see  fit. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Chap.  184,  Laws  1916.  Sec.  7337  Hemingway's  Code. 

4517.  Teachers'  register  and  outline  map.— It  shall  be  the 
duty  of  the  county  superintendent  to  prepare,  on  township 
blanks,  an  outline  map,  showing  the  numbers  of  the  sections 
and  parts  of  sections  embraced  in  each  school  district  outside 
of  the  separate  school  district,  and  to  paste  the  same  in  the 
school  register  for  the  district  before  delivering  it  to  the 
teacher  thereof.  It  shall  be  unlawful  to  issue  a  pay-eertifi- 
cate  to  the  teacher  of  any  district  not  established  and  recorded 
in  accordance  with  the  provisions  of  the  law. 


STATE  SUPERINTENDENT 


STATE  SUPERINTENDENT. 

CODE  1906. 
Sec.  7593  Hemingway's  Code. 

4817.  Official  bond.— The  superintendent  of  public  educa- 
tion shall  keep  his  office  in  the  capitol,  and  shall  give  bond  in 
the  penalty  of  five  thousand  dollars,  with  two  or  more  suf- 
ficient sureties,  to  be  approved  by  the  governor,  conditioned 
according  to  law;  and  said  bond,  when  approved,  shall  be 
filed  and  recorded  in  the  office  of  the  secretary  of  state. 

Sec.  7594  Hemingway's  Code. 

4818.  Official  bond— Seal*  of  office.— He  shall  provide  and 
keep  a  seal  having  around  the  margin  the  words,  "  State  Sup- 
erintendent of  Public  Education  of  Mississippi, "  with  such 
device  in  the  center  as  he  may  select;  and  all  of  his  official 
acts  shall  be  authenticated  thereby. 

Sec.  7595  Hemingway's  Code. 

4819.  General  supervision  of  schools — To  preside — To  visit 
schools. — The  superintendent  of  public  education  shall  have 
general  supervision  of  the  public  free  schools,  and  may  pre- 
scribe such  rules  and  regulations  for  the  efficient  organiza- 
tion and  conducting  of  the  same  as  he  may  deem  necessary. 
He  shall  preside  over  all  meetings  of  the  board  of  education, 
and  shall  solicit  reports  from  all  the  public  and  private  edu- 
cational institutions  of  the  state. 

Sec.  7596  Hemingway's  Code. 

4820.  To  preserve  books. — He  shall  have  bound  and  pre- 
serve in  his  office,  as  the  property  of  the  state,  all  such  school 
documents,    from    other    states    and    governments,    books    or 
pamphlets   on  educational  subjects,  school-books,   apparatus, 
maps,  charts,  and  the  like  as  shall  be  or  have  been  purchased 
or  donated  for  the  use  of  his  office. 

Sec.  7597  Hemingway's  Code. 

4821.  To  apportion  the  state  school  fund. — The  superinten- 
dent of  public  education  shall  apportion  the  state  common- 
school  fund  to  the  several  counties  and  separate  school  dis- 
tricts.   The  apportionment  shall  be  made  semiannually,  and 
shall  be  based  upon  the  number  of  educable  children  enum- 
erated, as  provided  by  law,  in  the  counties  and  separate  school 
districts  respectively.     He  shall  furnish  the  auditor  with  a 
certified  copy  of  the  apportionment,  and  he  shall  also  give 
a  copy  thereof  to  the  state  treasurer,  the  superintendent  of 
public  education  of  each  county,  each  county  treasurer,  and 
treasurer  of  each  separate  school  district. 


STATE  SUPERINTENDENT  87 

Sec.  7598  Hemingway's  Code. 

4822.  Not  to  be  interested  in  school  books.— The  superin-* 
tendent  of  public  education  shall  not  act  as  agent  for  any 
author,  publisher,  or  bookseller,  nor  directly  or  indirectly  re- 
ceive any  gift,  emolument,  or  reward    for    his    influence    in 
recommending  or  procuring  the  use  of  any  books,  school  ap- 
paratus, or  furniture,  of  any  kind  whatever  in  any  of  the 
public  schools  of  the  state;  and  should  the  superintendent  of 
public  education  violate  this  section,  he  shall  be  removed  from 
office,  and  forfeit  all  moneys  due  him  from  the  state. 

Sec.  7599  Hemingway's  Code. 

4823.  Reports  to  be  made  to  the  legislature. — On  or  before 
the  tenth  day  of  January  in  each  year  in  which  the  legislature 
meets  in  regular  or  special,  not  extraordinary,   session,  the 
superintendent  of  public  education  shall  prepare  and  have 
printed  a  biennial  report,  showing — 

(a)  The  receipts  and  disbursements  of  the  common-school 
fund; 

(b)  The  number  of  school  districts,  schools,  teachers  em- 
ployed, and  pupils  taught  therein,  and  the  attendance  of  pu- 
pils, and  studies  pursued  by  them; 

(c)  The  financial  condition  of  the  schools,  their  receipts  and 
expenditures,  value  of  schoolhouses  and  property,  cost  of  tui- 
tion, and  salaries  of  teachers; 

(d)  The  condition,  educational  and  financial,  of  the  normal 
and  higher  institutions  connected  with  the  school  system  of 
the  state,  and,  as  far  as  it  can  be  ascertained,  of  the  private 
schools,  academies,  and  colleges;  and 

(e)  Such  general  matters,  information,    and    recommenda- 
tions relating  to  the  educational  interests  as  he  may  deem 
important. 

CHAPTER  192.  ^    ; 

LAWS  1916. 
Sec.  7600  Hemingway's  Code. 

4824.  To  keep  record  of  official  acts — May  employ  steno- 
grapher and  assistant. — 1.  The  state  superintendent  of  public 
education  shall  keep  a  complete  record  of  all  his  official  acts, 
and  the  acts  of  the  board  of  education.     He  may  employ  two 
stenographers  and  one  assistant,  who  shall  be  under  his  control 
and  direction,  and  may  be  removed  by  him  for  cause,  and 
others  employed;  provided,  that  the  assistant's  salary  shall 
be  eighteen  hundred  dollars  ($1,800.00)  and  the  clerks'  sala- 
ries shall  each  be  nine  hundred  dollars   ($900.00)   per  year. 


88  STATE  SUPERINTENDENT 

CODE  1906. 

Sec.  7601  Hemingway's  Code. 

4825.  A  trustee  of  university  and  colleges. — The  state 
superintendent  of  education  shall  be  and  is  hereby  made  a 
trustee,  ex  officio,  of  the  state  university,  the  agricultural  and 
mechanical  college,  the  industrial  institute  and  college,  and 
Alcorn  A.  and  M.  college.  And  he  shall  have  the  same  powers 
and  perform  the  same  duties  as  other  trustees  of  said  institu- 
tions of  learning. 

Sec.  7602  Hemingway's  Code. 

4492.  State  superintendent — To  require  reports  from  county 
superintendents. — The  superintendent  of  public  education  shall 
require  annually,  and  as  often  besides  as  he  may  deem  proper, 
of  the  county  superintendents  detailed  reports  of  the  educa- 
tional business  of  his  county,  and  shall  give  him  all  necessary 
instructions. 

Sec.  7603  Hemingway's  Code. 

4493.  State  superintendent — To  prepare,  have  printed  and 
furnish  the  laws,  blanks  and  books  to  school  officers.— The 

superintendent  of  public  education  shall  prepare,  have  printed, 
and  furnish  all  officers  charged  with  the  administration  of 
the  laws  pertaining  to  the  public  schools,  such  blank  forms 
and  books  as  may  be  necessary  to  the  proper  discharge  of  their 
duties,  and  the  questions  for  the  examination  of  teachers.  He 
shall  have  the  laws  pertaining  to  the  public  schools  printed  in 
pamphlet  form,  and  publish  therein  forms  for  conducting 
school  business,  the  rules  and  regulations  for  the  government 
of  schools  that  he  or  the  board  of  education  may  recommend, 
and  such  other  matters  as  may  be  deemed  worthy  and  of  pub- 
lic interest  pertaining  to  the  subject. 

Sec.  7604  Hemingway's  Code. 

4494.  State  superintendent— Conference  with  county  sup- 
erintendents.— The  state  superintendent  may  meet  the  county 
superintendents  of  each  judicial  district  or  of  two  or  more 
districts  combined,  at  such  time  and  place  as  he  shall  appoint, 
giving  them  due  notice  of  such  meeting.     The  objects  of  such 
meetings  shall  be  to  accumulate  facts  relative  to  schools,  to 
compare  views,  to  discuss  principles,  to  hear  discussions  and 
suggestions  relative  to  the  examinations  and  qualifications  of 
teachers,  methods  of  instruction,  text-books,  institutes,  visi- 
tation of  schools,  and  other  matters  embraced  in  the  public 
school  system. 

Sec.  7329  Hemingway's  Code. 

4495.  State  superintendent — Official  opinions. — The   state 
superintendent  shall,  at  the  request  of  any  county  superin- 


STATE  SUPERINTENDENT  89 

tendent,  give  his  opinion,  upon  a  written  statement  of  the 
facts,  on  all  questions  and  controversies  arising  out  of  the 
interpretation  and  construction  of  the  school  laws  in  regard 
to  the  rights,  powers  and  duties  of  school  officers  and  county 
superintendents,  and  shall  keep  a  record  of  all  such  decisions. 
Before  giving  any  opinion,  the  superintendent  may  submit  the 
statement  of  facts  to  the  attorney-general  for  his  advice  there- 
on, and  it  shall  be  the  duty  of  the  attorney-general  forthwith 
to  examine  such  statement,  and  suggest  the  proper  decision 
to  be  made  upon  such  facts. 

Sec.  7605  Hemingway's  Code, 

4496.  State  superintendent— To  advise  county  superinten- 
dents.— The  state  superintendent  shall  advise  county  superin- 
tendents upon  all  matters  involving  the  welfare  of  the  schools. 

Superintendent  of  Education  (County),  see  §§  7566-7573. 


90  TEACHERS'  INSTITUTE 


TEACHERS'  INSTITUTE. 

CHAPTER  190. 

LAWS  1916. 
Sec.  7775  Hemingway's  Code. 

4587.  Teachers'  institutes. — A  teachers'  institute  for  each 
race,  separate,  shall  be  held  each  year  in  the  several  counties 
of  the  state,  or  in  such  groups  of  counties  as  the  state  board 
of  education,  with  the  consent  of  the  county  superintendents, 
may  designate ;  said  institutes  shall  continue  in  session  not  less 
than  five  days. 

Chap.  190,  Laws  1916.  Sec.  7776  Hemingway's  Code. 

4588.  Institute  conductors. — All  teachers'  institutes  shall 
be  under  the  direction  of  the  state  board  of  education,  which 
is  hereby  authorized,  with  the  approval  of  the  county  super- 
intendent, to  appoint  persons  of  recognized  ability  to  conduct 
and  teach  said  institutes. 

Chap.  190,  Laws  1916.  Sec.  7777  Hemingway's  Code. 

4589.  Board  of  education  to  prescribe — Payment  of  ex- 
penses— Reports  of. — The  state  board  of  education  shall  pre- 
pare outlines  for  the  work  and  shall  prescribe  regulations  for 
the  management  of  the  institutes;  shall  fix  the  amount  to  be 
paid  the  conductors  and  instructors  and  the  incidental  ex- 
penses thereof,  and  shall  require  such  reports  of  the  conduc- 
tors as  may  be  deemed  necessary. 

Chap.  190,  Laws  1916.  Sec.  7778  Hemingway's  Code. 

4590.  How  expenses  paid. — To  defray  the  cost  of  institutes, 
the  county  superintendent  shall,  before  examining  applicants 
to  teach,  collect  a  fee  of  fifty  (50)  cents  for  each  and  fifty  (50) 
cents  additional  for  each  additional  year  of  which  license  may 
be  issued  and  fifty  (50)  cents  a  year  from  each  exempt  teacher 
teaching  in  the  county. 

Code  1906. 

The  institute  fee  of  fifty  cents  should  not  be  collected  by  the  super- 
intendent on  special  examinations  where  he  received  the  fee  of  $2.50, 
for  such  special  examinations  are  authorized  only  in  emergency  cases, 
and  the  certificate  is  good  only  until  the  next  regular  examination. 
State  v.  Green,  111  Miss.  32,  71  So.  171. 

Chap.  190,  Laws  1916.  Sec.  7779  Hemingway's  Code. 

4591.  How  expenses  paid — Where  deposited  and  how  paid 
out. — The  institute  fund  shall  be  deposited  as  collected,  with 
the  county  treasurer  on  receipt  warrant  of  the  clerk  of  the 


TEACHERS'  INSTITUTE  91 

board  of  supervisors,  and  a  separate  account  thereof  shall  be 
kept;  and  it  shall  be  paid  only  for  the  purpose  mentioned  in 
this  act,  upon  the  requisition  of  the  county  superintendent, 
on  warrants  issued  by  the  clerk  of  the  board  of  supervisors. 

Chap.  190,  Laws  1916.  Sec.  7780  Hemingway's  Code. 

4592.  When  fund  insufficient. — If  the  amount  of  the  insti- 
tute fund  be  insufficient  to  defray  the  cost  of  holding  insti- 
tutes, the  state  superintendent  of  education  may  authorize  the 
county  superintendent  to  issue  a  pay  certificate  on  the  common- 
school  fund  of  the  county  to  make  up  the  deficit  not  to  exceed 
fifty-five  dollars  for  one  scholastic  year. 

Sec.  7781  Hemingway's  Code. 

4593.  Surplus  funds — How  used. — In  counties  having  a  sur- 
plus of  institute  fund,  the  county  superintendent  and  examin- 
ers may  expend  annually  twenty  per  centum  of  such  fund  in 
the  purchase  of  works  on  teaching,  which  the  superintendent 
shall  keep  in  his  charge  for  the  use  of  teachers. 


92  TEACHERS'  LICENSE 

TEACHERS'  LICENSE. 

CHAPTER  133. 

LAWS  1908. 
Sec.  7787  Hemingway's  Code. 

How  teacher  in  one  county  may  transfer  license  to  another. 

— 1.  Any  teacher  in  any  county  holding  a  license,  wishing  to 
transfer  to  another  county,  may  direct  the  superintendent  of 
his  county  to  forward  such  license,  and  such  other  proof  of 
his  qualifications,  and  of  the  burning  of  his  examination  pa- 
pers, as  the  state  board  of  examiners  may  require,  and  as  may 
be  reasonable;  and  if,  on  such  proof,  the  state  board  should 
be  of  opinion  that  such  teacher  was  properly  graded  by  the 
county  board,  the  license  may  be  transferred  to  any  county 
the  appointee  may  designate. 

CHAPTER  252. 

LAWS  1912. 
Sec.  7788  Hemingway's  Code. 

State  teacher's  license  to  be  issued  in  certain  cases  where 
examination  papers  lost  or  destroyed.— 2.  Any  teacher  of  this 
state  heretofore  exempt  from  examination  may  forward  his 
license  to  the  state  board  of  examiners,  with  such  proof  as 
said  state  board  may  require,  and  which  is  reasonable,  that 
his  examination  papers  were  destroyed  in  the  burning  of  the 
courthouse  of  his  county,  or  otherwise  destroyed,  and  that 
such  teacher  is  entitled  to  a  state  license,  and  upon  payment 
of  one  dollar  and  fifty  cents  ($1.50)  to  said  board  of  examin- 
ers, such  board  may  issue  to  such  teacher  a  state  license  in 
lieu  of  the  license  granted  by  such  county. 

CHAPTER  163. 

LAWS  1912. 
Sec.  7789  Hemingway's  Code. 

Graduates  of  Industrial  Institute  and  College  entitled  to 
professional  teacher's  license.— 1.  A  diploma  held  by  either  a 
collegiate  or  a  normal  graduate  of  the  Mississippi  Industrial 
Institute  and  College  shall  be  so  recognized  as  to  warrant  the 
granting  of  a  teacher's  professional  license  to  said  graduate 
by  the  state  board  of  examiners.  Provided,  that  this  act  ap- 
plies only  to  those  graduates  of  the  college  department  who 
have  taken  not  less  than  nine  hours  of  college  work  in  teach- 


TEACHERS'  LICENSE  93 

ers'  professional  courses,  and  who  obligate  themselves  to  teach 
three  years  in  the  public  schools  of  the  state.  The  provisions 
for  nine  hours  professional  work  shall  not  be  enforced  until 
after  the  session  of  1911  and  1912.  Provided,  further,  that 
the  graduates  of  the  normal  department  shall  not  have  the 
benefits  of  this  act  unless  they  obligate  themselves  to  teach 
three  years  in  the  public  schools  of  the  state,  two  years  of 
which  shall  be  in  the  rural  schools.  And,  after  the  sessions 
of  1911  and  1912,  those  who  enter  the  normal  department  of 
said  college  shall  give,  upon  entrance  into  said  department, 
a  written  pledge  to  teach  three  years  in  the  public  schools  of 
the  state,  two  of  which  shall  be  in  the  rural  schools  of  the 
state. 

CHAPTER  181. 

LAWS  1916. 
Sec.  7790  Hemingway's  Code. 

Professional  teacher's  license  granted  to  graduates  of  uni- 
versity and  colleges. — 1.  That  the  state  board  of  examiners  is 
hereby  authorized  to  grant  teachers  *  professional  licenses  with- 
out further  examination  to  graduates  of  the  University  of 
Mississippi,  the  agricultural  and  mechanical  college,  the  col- 
legiate and  normal  departments  of  the  industrial  institute  and 
college,  and  of  such  other  institutions  of  higher  learning  in  this 
state  as  may  maintain  a  standard  four-year  college  course,  ap- 
proved by  the  state  board  of  examiners;  provided,  that  licen- 
ses shall  be  issued  only  to  such  graduates  of  the  different  in- 
stitutions as  have  successfully  passed  nine  hours  of  college 
work  in  education  designated  and  approved  by  the  state  board 
of  examiners. 

Chap.  181,  Laws  1916.  Sec.  7791  Hemingway's  Code. 

License  and  diplomas  of  other  states  recognized — When. — 2. 

That  the  state  board  of  examiners  is  hereby  authorized  to 
grant  first  grade  licenses  to  teach  in  the  public  schools  of  this 
state  to  any  person  holding  a  certificate,  license  or  diploma, 
authorizing  said  person  to  teach  in  the  public  schools  of  any 
other  state;  provided,  that  the  certificate,  license  or  diploma 
shall  have  been  originally  issued,  and  in  consideration  of 
qualifications  at  least  equal  to  those  required  for  a  certificate 
of  the  same  grade  in  this  state;  provided,  further,  that  the 
certificate,  license,  or  diploma  shall  be  valid  in  this  state  for 
the  period  for  which  it  shall  have  been  issued  in  the  state 
where  it  was  originally  granted,  unless  in  the  discretion  of  the 
state  board  of  examiners  a  shorter  period  shall  be  specified. 
The  state  board  of  examiners,  on  the  approval  of  the  state 
board  of  education,  shall  make  provisions  and  regulations  for 
carrying  out  the  purpose  of  this  section. 


94  TEACHERS'  LICENSE 

Chap.  181,  Laws  1916.  Sec.  7792  Hemingway's  Code. 

First  and  second  grade  license  may  be  renewed — Conditions. 

— 3.  That  the  state  board  of  examiners  is  hereby  authorized  to 
extend  or  renew  consecutively  from  year  to  year,  for  a  period 
of  one  year  at  a  time  and  for  a  total  of  not  more  than  four  con- 
secutive years,  any  first  grade  license  or  any  second  grade 
license;  provided,  that  the  holder  of  any  such  certificate  shall 
have  attended  some  institution  of  higher  learning  or  summer 
school  for  at  least  six  weeks,  and  shall  have  pursued  a  course  of 
professional  study  designed  and  approved  by  the  state  board 
of  examiners  during  the  year  next  preceding  the  one  for 
which  extension  of  license  for  one  year  is  sought  to  be  granted. 

Chap.  181,  Laws  1916.  Sec.  7793  Hemingway's  Code. 

Pee  to  be  paid  by  applicants. — 4.  An  applicant  for  a  license 
or  for  the  extension  of  any  license  under  the  provisions  of  this 
act  shall  pay  the  same  fee  as  is  now  required  for  the  transfer 
of  licenses  from  one  county  to  another  through  the  state  board 
of  examiners ;  provided,  that  the  fees  for  professional  licenses 
and  those  based  on  licenses  or  diplomas  from  other  states 
shall  be  the  same  as  are  provided  in  section  4554  of  the  Code 
of  1906  for  such  licenses. 

CODE  1906. 

Sec.  7794  Hemingway's  Code. 

4536.  Examination  of  teachers— Board  of  examiners. — Two 
first  grade  teachers,  to  be  appointed  annually  prior  to  the  fall 
examination  by  the  county  superintendent  shall,  with  the  coun- 
ty superintendent,  constitute  an  examining  board  for  each 
county;  provided,  the  members  of  said  board  shall  not  be 
related  by  affinity  or  consanguinity  (but  a  teacher  of  a  nor- 
mal or  training  school  shall  not  be  appointed  by  the  board). 
A  majority  of  said  board  shall  be  present  and  conduct  all  ex- 
aminations of  teachers,  as  herein  provided,  and  they  shall  as 
a  board,  and  not  individually,  review  and  grade  the  examina- 
tion papers  submitted  by  applicants  for  license  to  teach.  The 
teachers  comprising  the  board  shall  each  receive  two  dollars 
and  one-half  for  each  day  of  actual  service  in  holding  the  ex- 
aminations and  twenty-five  cents  additional  for  grading  the 
papers  of  each  applicant,  to  be  paid  out  of  the  school  fund 
in  the  same  manner  as  teachers'  salaries  are  paid.  The  ex- 
aminers shall  qualify  by  taking  and  subscribing  the  oath  of 
office  before  the  county  superintendent,  who  shall  file  it  in 
his  office;  and  for  violations  of  any  section  of  this  law  which 
refers  to  examinations,  they  shall  be  subject  to  the  same  pen- 
alties as  the  county  superintendent. 


TBACHERS'  LICENSE  95 

Sec.  7795  Hemingway's  Code. 

4537.  Examination  of  teachers — Vacancies  in  board — How 
filled. — Should  a  vacancy  occur  in  the  office  of  examiner,  the 
same  shall  be  filled  by  appointment  by  the  county  superin- 
tendent of  education. 

Sec.  7796  Hemingway's  Code. 

4538.  Examination  of  teachers — When  examinations  held. 
—On  Friday  and  (Saturday  of  the  first  four  weeks  of  Septem- 
ber, and  of  the  first  four  weeks  of  April,  the  examining  board 
shall  hold,  under  regulations  prescribed  by  the  board  of  edu- 
cation, a  written  examination  of  applicants  to  teach.    The  ex- 
amination shall  be  held  at  the  county  site,  and  in  the  public- 
school  building  or  in  the  courtroom  whenever  practicable.    In 
counties  having  two  court  districts  the  examination  shall  be 
held  alternately  at  the  places  of  holding  court,  if  the  conven- 
ience of  the  teachers  requires  it.    The  superintendent  shall  ex- 
clude from  the  rooms  all  persons  who  are  not  examiners  or 
applicants  for  license.     There  shall  be  separate  examinations 
for  the  two  races. 

CHAPTER  187. 

LAWS  1916. 
Sec.  7797  Hemingway's  Code. 

4539.  Examination  of  teachers— How  conducted.— The  ex- 
aminations shall  be  held  upon  questions  prepared  by  the  state 
superintendent  of  education  and  sent,  sealed,  to  the  county 
superintendent  to  be  opened  by  him  in  the  presence  of  the 
teachers  after  they  had  assembled  in  the  examination  room 
and  after  the  seals  have  been  inspected  by  the  examiner.    The 
questions  on  one  subject  at  a  time  shall  be  written  upon  a 
blackboard  and  the  answers  thereto  shall  be  written  in  ink 
in  the  presence  of  the  examiners  and  delivered  to  the  superin- 
tendent before  the  questions  on  the  next  subject  are  given  out. 
Each  applicant  shall  occupy  a  separate  table  or  desk  which 
shall  be  so  arranged  that  the  applicants  can  not  read  each 
other's  papers.     It  shall  be  the  duty  of  the  county  superin- 
tendent to  provide  the  accommodations    necessary    to    carry 
out  these  provisions,  and  he  shall  not  receive  more  applicants 
at  one  time  than  he  can  provide  accommodations  for. 

No  applicant  shall  stand  the  examination  in  any  county  for 
the  purpose  of  having  the  license  transferred  to  the  resident 
county  of  the  applicant,  unless  authorized  by  the  state  board 
of  examiners. 

Code  1906. 

Under  Code  1906,  §§  4539,  4546,  a  conviction  for  offering  to  sell  ex- 
amination questions  could  not  be  sustained,  where  the  proof  did  not 
show  that  the  questions  offered  for  sale  were  prepared  by  the  state 


96  TEACHERS'  LICENSE 

superintendent  of  education  and  sealed  and  sent  to  the  county  superin- 
tendent of  education  as  provided.  Bryant  v.  State,  92  Miss.  822,  46 
So.  247. 

Chap.  187,  Laws  1916.  Sec.  7798  Hemingway's  Code. 

4540.  Examination  of  teachers — ^Curriculum. — The  curricu- 
lum of  the  free  public  schools  shall  consist  of  spelling,  reading, 
arithmetic,  geography,  English  grammar,  composition,  litera- 
ture, U.  S.  history,  history  of  Mississippi,  elements  of  agri- 
culture, civil  government  with  special  reference  to  local  and 
state  government,  physiology  and  hygiene,  with  special  ref- 
erence to  the  effect  of  alcohol  and  narcotics  on  the  human 
system  and  home  and  community  sanitation,  general  science 
and  elementary  algebra. 

Provided,  that  literature,  general  science  and  elementary 
algebra  shall  only  apply  to  those  schools  that  require  three 
or  more  teachers.  Except  with  the  consent  and  advice  of  the 
county  superintendent  of  education. 

See  §§  7801,  7802. 

CODE  1906. 

Sec.  7799  Hemingway's  Code. 

4541.  Examination    of    teachers — All    teachers    must    be 
licensed. — It  shall  be  unlawful  for  a  county  superintendent, 
or  the  trustees  of  a  separate  school  district,  to  contract  with  a 
teacher  who  does  not  hold  a  license  valid  for  the  scholastic 
year  in  which  the  school  is  to  be  taught,  and  of  a  grade  suf- 
ficiently high  to  meet  the  requirements  of  the  school. 

Sec.  7800  Hemingway's  Code. 

4542.  Examination   of  teachers — Good   character. — Before 
a  license  to  teach  shall  be  granted,  the  applicant  must  furnish 
the  superintendent  satisfactory  evidence  of  good  moral  char- 
acter, and  of  ability  to  govern  a  school. 

CHAPTER  188. 

LAWS  1916. 
Sec.  7801  Hemingway's  Code. 

4543.  Examination  of  teachers — What  examined  on — First 
and  second  grades. — To  obtain  a  first  grade  license,  the  ap- 
plicant must  be  examined  on  spelling,  reading,  practical  and 
mental  arithmetic,  composition,  United  States  history,  history 
of  Mississippi,  elements  of  agriculture,  civil  government,  ele- 
ments of  physiology  and  hygiene,  with  special  reference  to  the 
effects  of  alcohol  and  narcotics  on  the  human  system,  theory 
and  practice  of  teaching,  elementary  algebra,  advanced  Eng- 


TEACHERS'  LICENSE  97 

lish;  provided,  that  theory  and  practice  of  teaching  and  ele- 
mentary algebra  be  added  in  September,  1917,  and  advanced 
English,  general  science  and  modern  history  in  September, 
1918,  and  such  other  subjects  as  the  state  board  of  education 
may  prescribe;  and  to  obtain  a  second  grade  license  the  ap- 
plicant must  be  examined  on  spelling,  reading,  mental  arith- 
metic, practical  arithmetic,  elementary  geography  and  com- 
position, United  States  history,  physiology,  with  special  ref- 
erence to  the  effects  of  alcohol  and  narcotics  on  the  human 
system,  and  health  and  sanitation  in  homes  and  communities, 
history  of  Mississippi  and  civil  government,  elementary  agri- 
culture. The  state  board  of  examiners,  on  the  approval  of  the 
state  superintendent  of  education,  is  hereby  authorized  ^  to 
provide  examinations  and  make  regulations  for  licensing 
teachers  of  music,  manual  training,  domestic  science,  and  of 
such  other  special  subjects  as  may  be  deemed  necessary. 

Provided,  that  the  provisions  of  this  act  shall  not  apply  in 
the  case  of  teachers  who  are  exempt  from  examinations  under 
laws  now  in  force. 

See  §  7798. 

Sec.  7802  Hemingway's  Code. 

4544.  Examination  of  teachers — Third  grade. — To  obtain  a 
third-grade  license  the  applicant  must  be  examined   on  the 
subjects  required  for  second  grade,  and  must  make  thereon 
an  average  of  not  less  than  sixty  per  centum,  with  not  less 
than  forty  per  centum  on  any  subject. 

See  §  7798. 

Sec.  7803  Hemingway's  Code. 

4545.  Examination    of    teachers — Grading    and    marking 
papers. — Immediately  after  each  examination  the  examiners 
shall  carefully  grade  the  papers  and  mark  thereon  their  esti- 
mate of  the  value  of  each  answer;  and  the  papers  shall  be 
filed  in  the  office  of  the  superintendent,  and  be  subject  to  the 
inspection  of  the  applicant  or  his  authorized  agent. 

Sec.  7804  Hemingway's  Code. 

4546.  Examination  of  teachers — Penalty  for  receiving  as- 
sistance.— If  an  applicant  in  any  way  receive  assistance,  he 
shall  be  denied  a  license  and  not  permitted  to  teach  or  stand 
another  examination  in  the  county  for  a  period  of  two  years. 
Any  person  who  sells  or  offers  to  sell,  or  give  away,  or  offers 
to  give  away  the  examination  questions,  or  answers  to  the 
same  prepared  by  the  proper  authorities  for  the  examination 
of  teachers  of  the  public  schools,  before  the  date  for  the  ex- 
amination, at  which  time  such  questions  are  to  be  used,  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  fined 
not  more  than  one  hundred  dollars  nor  less  than  ten  dollart 


98  TEACHERS'  LICENSE 

or  imprisoned  in  the  county  jail  not  exceeding  six^v  days,  or 
both,  at  the  discretion  of  the  court. 

Code  1906. 

Under  Code  1906,  §§  4539,  4546,  a  conviction  for  offering  to  sell  ex-' 
amination  questions  could  not  be  sustained,  where  the  proof  did  not 
show  that  the  questions  offered  for  sale  were  prepared  by  the  state 
superintendent  of  education  and  sealed  and  sent  to  the  county  superin- 
tendent of  education  as  provided.  Bryant  v.  State,  92  Miss.  822,  46 
So.  247. 

Sec.  7805  Hemingway's  Code. 

4547.  Examination  of  teachers-— How  long  licenses  good. — 

License  shall  be  granted  to  applicants  who  make  a  general 
average  of  seventy-five  per  centum  with  not  less  than  fifty 
per  centum  on  any  one  subject,  and  shall  not  be  valid  unless 
filled  out  according  to  the  form  prescribed  by  the  state  super- 
intendent. Licenses  of  second  and  third  grade  shall  be  valid 
for  one  year.  Licenses  for  the  first  grade,  with  a  general 
average  of  eighty-five  per  centum,  shall  be  valid  for  two  years ; 
and  licenses  for  the  first  grade,  with  a  general  average  of 
ninety  per  centum,  shall  be  valid  for  three  years;  and  the 
second  three-years  license  obtained  after  the  expiration  of  the 
first  shall  be  renewable  in  the  county  where  issued  as  long  as 
the  holder  continues  to  teach ;  but  any  teacher  who  has  taught 
under  a  first  grade  license  for  five  years  consecutively,  shall 
be  exempt  from  further  examination. 

Code  1892. 

This  section  is  prospective,  and  applies  only  to  persons  teaching  five 
years  under  a  first-grade  license,  issued  after  examination  under  the 
curriculum  prescribed  by  Code  1892.  Doss  v.  Wiley,  72  Miss,  179,  16 
So.  902. 

.  Sec.  7806  Hemingway's  Code. 

4548.  Examination  of  teachers — Age  of  teacher. — A  license 
to  teach  shall  not  be  granted  to  an  applicant  under  seventeen 
years  of  age;  nor  shall  a  license  for  more  than  one  year  be 
issued  to  an  applicant  who  has  had  less  than  six  months'  ex- 
perience in  teaching. 

Sec.  7807  Hemingway's  Code. 

4549.  Examination  of  teachers — Special  examinations. — In 

counties  where  the  number  of  licensed  teachers  is  insufficient 
to  supply  the  schools,  the  board  of  education  may  grant  a 
special  examination  but  the  examination  fee  in  such  cases  shall 
be  two  dollars  and  the  licenses  issued  shall  be  valid  only  until 
the  next  regular  examination.  Special  examinations  shall  be 
granted  teachers  who  are  under  contract  to  teach  in  a  public 
school  in  the  county,  if  at  the  time  of  the  general  examination 
they  were  unable  to  attend  or  were  teaching  or  attending  school 


TEACHERS'  LICENSE  99 

more  than  fifty  miles  away.  The  superintendent  may  require 
each  teacher  so  examined  to  pay  him  a  fee  of  two  dollars  and 
fifty  cents. 

Code.  1906. 

The  institute  fee  of  fifty  cents  should  not  be  collected  by  the  super- 
intendent on  special  examinations  where  he  received  the  fee  of  $2.50, 
for  such  special  examinations  are  authorized  only  in  emergency  cases, 
and  the  certificate  is  good  only  until  the  next  regular  examination. 
State  v.  Green,  111  Miss.  32,  71  So.  171. 

Sec.  7808  Hemingway's  Code. 

4550.  Indorsement  of  licenses. — A  teacher  holding  a  license 
in  one  county  and  wishing  a  transfer  to  another  county  may 
direct  the  superintendent  of  education  of  the  county  where  the 
examination  was  held  to  forward  his  papers  and  license  issued 
thereon  to  the  state  board  of  examiners,  and  if  the  grading 
of  the  county  board  is  sustained  by  the  state  board  of  ex- 
aminers, the  license  may  be  transferred  to  any  county  which 
the  applicant  may  designate.     Applicants  for  transfer  license 
shall  pay  a  fee  of  one  dollar  and  fifty  cents  to  the  state  board 
of  examiners  for  grading  their  papers. 

CHAPTER  185. 

LAWS  1914. 
Sec.  7809  Hemingway's  Code. 

Agricultural  high  schools— Teachers— Examinations  of.— 1. 
All  teachers  in  agricultural  high  schools  shall  pass  an  examin- 
ation in  the  free-school  studies  and  in  addition  thereto  an 
examination  on  the  subjects  they  are  required  to  teach  in  said 
schools.  Such  examinations  shall  be  held  at  the  same  time 
and  places  and  under  the  same  regulations  as  required  of  other 
applicants  to  teach  in  public  schools. 

CODE  1906. 

Sec.  7810  Hemingway's  Code. 

4551.  State  board  of  examiners. — There  shall  be  a  state 
board  of  examiners  which  shall  consist  of  three  members,  who 
shall  be  first  grade  teachers  of  scholarly  attainments,  and  of 
successful  experience,  to  be  appointed  by  the  state  superin- 
tendent of  education. 

Sec.  7811  Hemingway's  Code. 

4552.  State  board  of  examiners — Duties. — It   shall   be   the 
duty  of  the  state  board  of  examiners  to  aid  the  state  superin- 
tendent of  education  in  preparing  all  examination  questions 
for  the  teachers  of  the  state,  to  grade  papers  of  applicants  for 


100  TEACHERS'  LICENSE 

professional  and  state  licenses,  to  hear  and  decide  all  appeals 
from  teachers  or  county  superintendents  regarding  examina- 
tions ;  to  examine  all  applicants  or  candidates  for  the  office  of 
county  superintendent  under  regulations  passed  by  the  state 
board  of  education. 

Sec.  7812  Hemingway's  Code. 

4553.  Licenses — How  secured. — Any  teacher  wishing  to  se- 
cure a  professional  license  shall  pass  a  satisfactory  examina- 
tion in  the  presence  of  the  county  superintendent,  or  other 
authorized  agent  of  the  state  board  of  examiners,  on  the  fol- 
lowing subjects     Algebra,  geometry,  rhetoric,  English  litera- 
ture, the  science  of  teaching,  civil  government,   Caesar  and 
Virgil,  and  on  such  other  subjects  as  the  state  board  of  ex- 
aminers may  add.     Any  teacher  may  secure  a  state  license  by 
passing   a   satisfactory   examination   in   the   presence    of   the 
county  superintendent,  or  other  authorized  agent  of  the  state 
board  of  examiners,  in  spelling,  reading,  practical  and  mental 
arithmetic,   geography,   English    grammar    and    composition. 
United  States  history,  Mississippi  history,  elements  of  agri- 
culture, civil  government,  elements  of  physiology  and  hygiene, 
with  special  reference  to  the  effects  of  alcohol  and  narcotics 
on  the  human  system;  provided  applicants  for  state  licenses 
shall  have  their  papers  forwarded  to  the  state  board  of  ex- 
aminers by  county  superintendent  and  graded  by  state  board 
of    examiners.     The    state    board    of    examiners    may    grant 
licenses  of  a  grade  lower  than  that  for  which  the  applicant 
applies;  provided  that  the  percentage  reaches  that  fixed  by 
law.     On  all  licenses  granted  the  board  shall  indicate  on  the 
face  of  the  license  the  percentage  made  by  the  applicant  on 
each  subject.     A  state  license  shall  be  valid  for  one,  two  or 
three  years,  according  to  the  value  of  applicant's  papers;  but 
any  applicant  receiving  the  second  three-years  state  license 
from  the  state  board  of  examiners  shall  be  exempt  from  fur- 
ther  examinations,   and  a  state  license   from  said  board   of 
examiners  shall  be  valid  in  every  county  of  the  state,  but  the 
state  board  of  examiners  may  revoke  licenses  for  cause  and 
where  teachers  discontinue  to  teach.     All  teachers  heretofore 
exempt  from  examination  in  the  counties  in  which  they  reside 
may  forward  their  papers  to  the  state  board  of  examiners  upon 
the  payment  of  one  dollar  and  fifty  cents  to  said  board  of  ex- 
aminers, and  the  board  of  examiners  may  issue  to  said  teachers 
state  licenses  in  lieu  of  licenses  granted  by  county  superin- 
tendents. 

State  Board  of  Examiners. 

Sec.  7813  Hemingway's  Cade. 

4554.  Compensation  and  term  of  office. — The  state  board 
of  examiners  shall  receive  as  compensations  for  their  service* 


TEACHERS'  LICENSE  101 

five  dollars  from  each  applicant  for  professional  license;  five 
dollars  from  each  applicant  or  candidate  for  county  superin- 
tendent of  education  in  the  several  counties  of  the  state,  and 
fifty  cents  for  each  applicant  for  state  license,  which  sum 
shall  be  paid  by  the  county  superintendent  of  education  to 
the  state  board  of  examiners,  as  teachers  are  paid,  and  as 
is  now  paid  to  county  examiners.  The  state  board  of  exam- 
iners shall  serve  for  four  years  each,  unless  removed  by  the 
state  superintendent  for  cause. 

CHAPTER  201. 

LAWS  1908. 
Sec.  7814  Hemingway's  Code. 

4555.  Professional  licenses. — The  board  of  education  shall 
have  power  to  issue  professional  licenses  to  teachers  of  recog- 
nized ability,  moral  character  and  scholarly  attainments,  who 
shall  pass  a  satisfactory  written  examination,  held  as  pre- 
scribed by  the  board,  on  algebra,  geometry,  physics,  rhetoric, 
English  literature,  the  elements  of  botany  and  chemistry,  the 
science  of  teaching,  civil  government  and  Latin,  through 
Caesar  and  Virgil.  The  manuscripts  of  examination  shall  be 
kept  on  file  in  the  office  of  the  state  superintendent,  and  the 
licenses  shall  be  valid  for  life  in  any  part  of  the  state. 

CHAPTER  226. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  the  state  board  of  examiners  shall  have  au- 
thority to  grant,  under  rules  and  regulations,  to  be  formu- 
lated by  the  said  state  board  of  examiners,  a  state  teachers 
license  to  graduates  of  those  institutions  of  higher  learning 
as  maintain  a  full  four  year  college  course  under  rules  and 
regulations  to  be  formulated  by  the  said  state  board  of  ex- 
aminers, provided  that  license  shall  be  issued  only  to  such 
graduates  as  have  taken  nine  session  hours  of  college  work  in 
education  designated  by  the  state  board  of  examiners.  This 
license  shall  be  valid  for  a  period  of  three  years,  and  on  ex- 
piration shall  be  renewable  by  an  attendance  on  an  approved 
summer  school,  and  when  so  renewed  shall  become  valid  for 
life.  Provided  further,  that  the  state  board  of  examiners  shall 
also  have  authority  to  grant,  under  rules  and  regulations  to 
be  formulated  by  the  said  state  board  of  examiners,  a  state 
license  to  students  who  have  finished  the  sophomore  year  in 
any  college  in  the  state  requiring  14  Carnegie  units  for  en- 
trance to  the  freshman  class.  Such  students  having  completed 


102  TEACfiEllS'  LICENSE 

six  session  hours  in  education,  as  provided  for  by  the  state 
board  of  examiners.  This  license  shall  be  valid  for  two  years 
and  on  expiration,  shall  be  renewed  as  other  licenses  are 
renewed. 

Provided  further,  that  the  state  board  of  examiners  is  au- 
thorized to  grant,  without  examination,  a  first  grade  teacher 's 
license  to  graduates  of  agricultural  high  schools,  in  this  state, 
provided  such  graduates  have  included  in  their  course  of 
studies  two  units  of  work  of  matter  relative  to  organization 
and  methods  of  teaching  in  the  elementary  school,  and  pro- 
vided students  receiving  such  license  shall  not  be  employed  .for 
the  following  scholastic  year  in  the  school  from  which  they 
graduated.  This  license  shall  be  valid  for  one  year,  subject  to 
renewal  as  other  first  grade  licenses  are  renewed,  and  such 
license,  so  conferred,  shall  be  conditioned  on  satisfactory 
work  in  an  approved  summer  school,  immediately  following 
high  school  graduation. 

Sec.  2.  That  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


TEXT-BOOKS  103 

TEXT-BOOKS. 

CHAPTER  179. 

LAWS  1916. 
Sec.  7820  Hemingway's  Code. 

All  school  text-books  to  be  filed  with  state  superintendent 
whether  included  in  uniform  adoption  or  not. — 1.  All  publish- 
ers of  school  text-books,  or  persons  desiring  to  offer  school 
text-books,  other  than  those  provided  for  under  the  uniform 
text-book  law  now  in  force  in  this  state,  for  the  use  of  pupils 
in  the  public  schools  of  Mississippi,  as  hereinafter  provided, 
before  such  books  may  legally  be  adopted  and  purchased  by 
any  public-school  authorities,  shall  file  in  the  office  of  the  state 
superintendent  of  education  a  copy  of  each  book  proposed  to 
be  so  offered,  together  with  the  published  list  price  as  shown 
by  the  publisher's  catalogue.  No  revised  or  different  edition 
of  any  such  book  shall  be  used  in  the  public  schools  of  Mis- 
sissippi unless  a  copy  of  such  edition  has  been  filed  in  the 
office  of  the  state  superintendent  of  education,  together  with 
the  publisher's  list  price  thereof.  The  state  superintendent  of 
education  shall  carefully  preserve  in  his  office  all  such  sam- 
ple copies  of  books  filed  and  the  prices  thereof. 

Chap.  179,  Laws  1916.  Sec.  7821  Hemingway's  Code. 

Sworn  statement  also  to  be  filed  showing  lowest  wholesale 
price  on  same. — 2.  That  each  publisher  of  any  such  books  filed 
shall  also  file  in  the  office  of  the  state  superintendent  of  edu- 
cation a  sworn  statement  giving  the  lowest  net  wholesale  price 
at  which  each  book  is  sold  anywhere  in  the  United  States; 
the  said  sworn  statement  shall  also  give  the  list  price  and  the 
lowest  exchange  price  given  anywhere  in  the  United  States 
when  old  books  on  the  same  subject  and  of  like  kind  and 
grade,  but  of  a  different  series,  are  received  in  exchange. 

Chap.  179,  Laws  1916.  Sec.  7822  Hemingway's  Code. 

Publisher  to  give  security  bond — Conditions    of   same. — 3. 

That  each  publisher  shall  file  with  the  state  superintendent  of 
education  a  bond  payable  to  the  State  of  Mississippi  with  some 
surety  company  authorized  to  do  business  in  the  State  of  Mis- 
sissippi as  surety  thereon,  in  a  sum  to  be  determined  by  the 
state  superintendent  of  education,  said  sum  being  not  less 
than  two  thousand  dollars  ($2,000.00)  nor  more  than  ten 
thousand  dollars  ($10,000.00),  according  to  the  number  of 
books  filed,  and  the  bond  to  be  conditioned  as  follows : 

First.  That  the  publisher  will  furnish  any  of  the  books 
listed  in  said  statement,  and  in  any  other  statement  subse- 


104  TEXT-BOOKS 

quently  filed  by  him  within  five  years,  to  any  county  school 
board,  any  board  of  trustees  of  separate  school  district,  or 
agricultural  high  schools,  in  the  State  of  Mississippi,  at  the 
lowest  net  wholesale  prices  contained  in  said  statement,  which 
price  must  not  exceed  seventy-five  (75)  per  cent,  of  the  pub- 
lisher's list  price  thereof,  and  that  he  will  maintain  said  prices 
uniformly  throughout  the  State  of  Mississippi  on  all  books 
filed  under  the  provisions  of  this  act. 

Second.  That  the  publisher  will  reduce  such  price  auto- 
matically to  the  State  of  Mississippi  whenever  reductions  are 
made  elsewhere  in  the  United  States,  so  that  at  no  time  shall 
any  book  so  filed  and  listed  be  sold  to  school  authorities  in 
Mississippi  at  a  higher  net  price  than  is  received  for  such 
books  elsewhere  in  the  United  States. 

Third.  That  all  such  text-books  offered  for  sale,  adoption 
or  exchange  in  the  State  of  Mississippi  shall  be  equal  in  quali- 
ty to  those  filed  in  the  office  of  the  state  superintendent  of 
education  as  regards  to  paper,  binding,  print,  illustrations, 
subject-matter,  and  all  other  particulars  that  may  affect  the 
value  of  such  school  text-books. 

Fourth.  That  the  publisher  shall  not  enter  into  any  under- 
standing, agreement  or  combination  to  control  the  prices  or 
restrict  competition  of  the  sale  of  school  text-books  in  th« 
state  of  Mississippi. 

Chap.  179,  Laws  1916.  Sec.  7823  Hemingway's  Code. 

Bond  to  be  approved  by  attorney-general. — 4.  That  such 
bond  shall  be  approved  by  the  attorney-general,  and  shall  con- 
tinue in  force  for  a  period  of  five  years  after  its  filing,  at  or 
before  the  expiration  of  which  period  a  new  bond  shall  be 
given,  or  the  right  to  continue  selling  such  text-books  in  the 
State  of  Mississippi  shall  be  forfeited. 

Chap.  179,  Laws  1916.  Sec.  7824  Hemingway's  Code. 

State  superintendent  to  furnish  list  of  books  to  county  and 
school  officers. — 5.  That  the  state  superintendent  of  education 
shall,  within  thirty  days  after  the  filing  of  any  such  school 
text-books  and  bond  for  same,  send  a  list  of  such  books  to 
each  coiinty  superintendent  of  education  and  to  the  superin- 
tendent or  trustees  of  each  separate  school  district  and  the 
chairman  of  the  board  of  trustees  of  each  agricultural  high 
school  in  the  state.  And  the  state  superintendent  of  educa- 
tion shall,  on  or  by  January  1,  1917,  and  on  or  by  the  first  of 
January  of  each  following  year,  publish  and  send  to  each 
county  superintendent  of  education  and  to  the  superintendent 
or  trustees  of  each  agricultural  high  school  a  printed  copy  of 
all  such  lists  then  in  force  in  his  office. 


TEXT-BOOKS  105 

Chap.  179,  Laws  1916.  Sec.  7825  Hemingway's  Code. 

Publisher  failing  to  supply  copies  of  books  to  pay  forfeit.— 6. 

That  if  any  publisher  shall  comply  with  the  foregoing  sections 
and  then  fail  or  refuse  to  furnish  such  books  to  any  board  of 
trustees,  county  superintendent,  superintendent  or  trustees  of 
separate  school  districts,  trustees  of  agricultural  high  schools, 
upon  the  terms  herein  provided,  said  school  authority  shall  at 
once  notify  the  state  superintendent  of  education  of  such  fail- 
ure or  refusal,  and  he  shall  at  once  cause  an  investigation  of 
such  charge  to  be  made.  If  the  state  superintendent  of  edu- 
cation finds  such  charge  to  be  true,  he  shall  at  once  notify 
such  publisher  and  notify  each  county  superintendent  of  edu- 
cation, each  state  educational  institution,  each  board  of  trus- 
tees of  separate  school  districts  and  agricultural  high  schools 
in  the  State  of  Mississippi  that  such  book  or  books  shall  not 
thereafter  be  adopted  or  purchased  by  any  of  the  school  au- 
thorities in  the  State  of  Mississippi.  Said  publisher  shall  for- 
feit and  pay  to  the  State  of  Mississippi  the  sum  of  five  hundred 
dollars  ($500.00)  for  each  failure  or  refusal  to  furnish  said 
book  or  books,  to  be  recovered  in  the  name  of  the  State  of 
Mississippi  in  an  action  to  be  brought  by  the  attorney-general 
in  any  proper  court,  the  amount  when  collected  to  be  paid  into 
the  treasury  to  the  credit  of  the  common-school  fund  of  the 
State  of  Mississippi. 

Chap.  179,  Laws  1916.  Sec.  7826  Hemingway's  Code. 

School  trustees  to  meet  and  determine  what  books  to  be  used 
in  the  county  schools. — 7.  That  each  county  school  board  and 
the  board  of  trustees  of  each  separate  school  district  in  the 
State  of  Mississippi,  at  a  regular  meeting  to  be  held  between 
the  first  Monday  in  each  January  and  the  first  Monday  in 
August  following  each  year  until  a  complete  list  of  school 
text-books  is  adopted  covering  the  whole  school  course  of 
study,  not  otherwise  provided  for  by  law,  by  a  majority  vote 
of  the  entire  membership  of  said  board,  shall  determine  which 
of  said  books  so  filed  shall  be  used  in  the  schools  under  its 
control  it  being  distinctly  understood  that  such  list  of  books 
selected  by  the  county  school  boards  shall  apply  to  all  public 
high  schools  in  the  county,  except  separate  school  districts 
and  agricultural  high  schools ;  provided,  that  the  county  school 
board  shall  make  selection  of  books  from  a  list  recommended 
by  a  committee  of  five  high-school  teachers  appointed  by  the 
county  superintendent  of  education.  And  after  such  books 
have  been  selected  and  adopted  by  said  school  board  or  boards 
of  trustees  of  separate  districts,  no  basal  book  shall  be  changed 
nor  any  other  books  substituted  therefor  for  a  period  of  five 
years  after  the  date  of  its  selection  and  adoption,  as  shown 


106  TEXT-BOOKS 

by  the  official  records  of  the  board  provided,  that  any  of  such 
school  text-books  as  may  be  in  use  in  the  schools  of  Missis- 
sippi when  this  act  goes  into  effect  may  be  continued  at  the 
pleasure  of  the  authorities  in  charge  of  such  schools,  but  that 
when  said  books  are  changed,  or  other  books  substituted  for 
those  in  use,  the  books  adopted  shall  be  used  for  a  full  period 
of  five  years.  That  this  act  shall  not  affect  any  existing  con- 
tracts for  text-books  now  in  force  in  this  state. 

Chap.  179,  Laws  1916.  Sec.  7827  Hemingway's  Code. 

Uniform  course  of  study  for  agricultural  high  schools  to  be 
selected. — 8.  That  it  shall  be  the  duty  of  the  state  superinten- 
dent of  education  to  appoint  four  agricultural  high  school 
principals  or  teachers,  who,  with  himself,  shall  constitute  a 
committee  to  select  from  books  listed,  as  hereinbefore  pro- 
vided, a  uniform  course  of  study  for  the  agricultural  high 
schools  of  the  state,  and  said  schools  shall  be  required  to  use 
the  books  so  selected.  The  price  and  manner  of  handling  and 
adopting  books  for  separate  school  districts  and  other  high 
schools  shall  apply  to  agricultural  high  schools  also,  except 
books  on  agriculture  and  other  industrial  subjects. 

Chap.  179,  Laws  1916.  Sec.  7828  Hemingway's  Code. 

Prices  at  which  books  to  be  bought  and  sold  to  pupils. — 9. 

That  all  school  text-books  adopted,  as  provided  for  in  this  act, 
shall  be  bought  by  the  various  school  authorities  direct  from 
the  publishers  at  the  prices  listed  with  the  state  superinten- 
dent of  education,  as  herein  provided,  and  sold  to  the  pupils 
and  patrons  of  such  schools  at  said  listed  prices,  or  at  such 
prices  as  will  include  the  cost  of  transportation  and  cost  of 
handling  said  books,  but  in  no  case  shall  a  greater  price  be 
charged  any  pupil  or  patron  than  fifteen  (15)  per  cent,  ad- 
vance over  the  net  wholesale  price. 

Chap.  179,  Laws  1916.  Sec.  7829  Hemingway's  Code. 

How  books  to  be  ordered  and  paid  for.— 10.  That  each  board 
of  trustees  of  separate  school  districts  and  each  county  school 
board  shall,  at  a  regular  meeting,  cause  to  be  ascertained  the 
number  of  each  of  such  books  the  schools  under  its  charge 
require  or  the  amount  already  due  publishers  for  books.  The 
secretary  of  each  board  of  trustees  and  each  county  superin- 
tendent of  education  shall  order  the  books  so  agreed  upon  by 
the  board  from  the  publishers,  who,  on  receipt  of  such  order, 
shall  ship  the  books  as  directed  without  delay.  It  shall  be 
the  duty  of  the  secretary  or  other  person  named  by  the  board 
for  such  purpose  to  examine  the  books  when  received,  and  if 
found  to  be  right  and  in  accordance  with  the  order,  a  war- 
rant, payable  out  of  the  school  fund,  for  the  proper  amount 


TEXT-BOOKS  107 

shall  be  issued  and  remitted  to  the  publisher  within  thirty 
days.  Each  county  school  board  and  board  of  trustees  shall 
pay  all  charges  for  the  transportation  of  books. 

It  shall  be  the  duty  of  each  county  school  board  and  board 
of  trustees  to  make  all  necessary  provisions  and  arrangements 
to  place  the  books  so  purchased  within  easy  reach  and  accessi- 
ble to  all  the  pupils  in  the  schools  under  their  control.  For 
this  purpose  each  county  school  board  and  board  of  trustees 
may  make  contracts,  and  take  such  security  as  it  deems  nec- 
essary, for  the  custody,  care  and  sale  of  such  books,  and  ac- 
counting for  the  proceeds.  The  proceeds  from  the  sale  of  the 
books  shall  be  used  to  replace  the  money  used  by  the  county 
school  board  and  board  of  trustees  in  purchasing  the  necessary 
supply  of  books  or  send  direct  to  the  publisher  in  settlements 
of  accounts  due.  The  county  school  boards  and  boards  of 
trustees  may  also  contract  with  local  or  retail  dealers  to  sell 
the  books  to  the  pupils  and  patrons  of  the  schools  at  prices 
to  be  specified  by  the  county  school  board  and  board  of  trus- 
tees, each  board  being  responsible  to  the  publishers  for  all 
books  purchased  by  it.  All  orders  for  books  under  this  act 
shall  be  made  by  the  secretary  of  the  board  of  trustees  or  by 
the  county  superintendent. 

Chap.  179,  Laws  1916.  Sec.  7830  Hemingway's  Code. 

Retailer  not  to  advance  price  of  books. — 11.  That  no  retail 
dealer  selling  said  school  text-books  as  the  agent  of  any  school 
authority  shall  sell  the  same  at  a  greater  price  than  the  price 
agreed  upon  between  such  dealer  and  said  school  authorities; 
provided,  that  in  no  case  shall  said  books  be  sold  to  the  school 
children  at  a  price  to  exceed  fifteen  (15)  per  cent.  advaMce 
on  the  wholesale  price  of  such  books. 

Chap.  179,  Laws  1916.  Sec.  7831  Hemingway's  Code. 

Pupils  removing  into  new  districts — How  books  disposed  of. 
—12.  That  when  pupils  remove  from  any  county  or  separate 
school  district,  and  have  text-books  of  the  kind  adopted  in 
such  school  district,  and  not  of  the  kind  adopted  in  the  dis- 
trict to  which  they  removed,  and  wish  to  dispose  of  them,  the 
school  board  of  the  county  or  separate  school  district  from 
which  they  remove,  if  requested,  shall  purchase  such  text- 
book at  the  fair  value  thereof  and  resell  them  to  other  pupils. 
(Laws  1916,  c*h.  179.  In  effect  May  1,  1916). 

Chap.  179,  Laws  1916.  Sec.  7832  Hemingway's  Code. 

School  boards  may  provide  for  free  books  if  desired.— 13. 

That  nothing  in  this  act  shall  prevent  the  school  board  of  any 
county  or  separate  school  district  in  the  State  of  Mississippi 


108  TEXT-BOOKS 

from  furnishing  free  text-books  to  the  pupils  in  the  schools 
under  its  control,  or  from  buying  books  and  renting  them  to 
pupils  in  such  schools. 

Chap.  179,  Laws  1916.  Sec.  7833  Hemingway's  Code. 

Publisher  not  to  give  money  or  gifts  to  members  of  school 
boards. — 14.  That  no  publisher  of  school  books  nor  agent  of 
such  publisher  shall  offer  or  give  any  emolument,  money  or 
other  valuable  things,  or  any  other  inducement  to  any  member 
of  the  board  of  trustees  or  school  official  connected  with  any 
of  the  public  schools  of  Mississippi,  for  his  vote  or  promise 
of  vote,  or  for  the  use  of  his  influence  for  the  adoption  of  any 
school  text-book  to  be  used  in  any  of  the  schools  of  this  state ; 
nor  shall  any  member  of  a  board  of  trustees  or  school  official 
connected  with  any  of  the  public  schools  of  Mississippi  accept 
emolument,  money  or  other  valuable  thing,  or  any  other  in- 
ducement from  any  publisher  or  agent  of  any  publisher  for 
his  vote  or  promise  of  vote,  or  for  the  use  of  his  influence  for 
the  adoption  of  any  school  text-book.  Provided,  that  nothing 
in  this  section  shall  be  construed  to  prevent  any  person,  pub- 
lisher or  publisher's  agent  from  sending  a  reasonable  number 
of  sample  copies  of  school  text-books  to  any  member  of  a 
board  of  trustees  or  school  official  for  examination  of  such 
book  or  books  before  any  adoption  of  books,  as  provided  for  in 
this  act,  and  nothing  shall  be  construed  to  prevent  such  mem- 
ber of  a  board  of  education  or  school  official  from  receiving 
such  sample  copies. 

Chap.  179,  Laws  1916.  Sec.  7834  Hemingway's  Code. 

Violations  of  this  act — How  punished. — 15.  That  any  pub- 
lisjier  of  school  text-books  or  agent  of  such  publisher,  or  any 
member  of  any  board  of  trustees,  or  public-school  official  of 
the  State  of  Mississippi  who  violates  any  of  the  provisions  of 
this  act,  on  conviction  thereof,  shall  be  punished  as  for  a 
misdemeanor;  and  any  member  of  the  board  of  trustees  or 
school  official  shall,  in  addition,  be  removed  from  his  official 
position.  Any  retail  dealer  of  school  text-books  acting  as 
agent  for  any  board  of  trustees  who  violates- any  of  the  pro- 
visions of  this  act  shall,  upon  conviction,  be  punished  as  for  a 
misdemeanor. 

Chap.  179,  Laws  1916.  Sec.  7835  Hemingway's  Code. 

County  superintendent  to  order  books  and  employ  agents.— 

16.  That  the  county  superintendent  of  education  shall  act  for 
the  county  school  board  in  ordering  books  for  the  schools  in 
his  county,  except  for  separate  school  districts  and  agricul- 
tural high  schools,  and  he  shall  employ  agents  at  such  places 
as  he  deems  necessary  for  the  proper  distribution  of  said 
books. 


TEXT-BOOKS  109 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  section  4617  of  the  code  of  1906  be  amended 
so  as  to  read  as  follows: 

CHAPTER  143. 

LAWS  1918. 

4617.  Exchange  price  of  books. — The  exchange  price  be- 
tween old  books  and  new  books  of  the  same  or  similar  grade 
shall  not  be  more  than  the  lowest  exchange  price  of  said  books 
anywhere  in  the  United  States. 

Sec.  2.  That  chapter  168  of  the  laws  of  1912,  entitled, 
"An  act  to  limit  the  number  of  text  books  changed  at  any 
regular  state  adoption,"  be  and  the  same  is  hereby  repealed. 

Sec.  3.  That  all  laws  and  parts  of  laws  in  conflict  herewith 
are  repealed,  and  that  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

State  Textbook  Commission. 

CODE  1906. 
Sec.  7837  Hemingway's  Code. 

4594.  Commission  to  select  a  uniform  series  of  text-books — 
Qualifications  of  its  members. — The  governor  shaD  select  and 
appoint  eight  educators   of  known   character  and  ability   in 
their  profession,  and  engaged  in  public-school  work  as  teach- 
ers, not  more  than  one  to  be  selected  from  each  congressional 
district,  who,  together  with  the  state  superintendent  of  edu- 
cation,  shall   constitute  the  text-book  commission   of  Missis- 
sippi.    The  state  superintendent  of  education  shall  be  an  ex 
officio  member  of  said  commission,  and  in  no  case  shall  the 
person  selected  be  related  to  the  ex  officio  member  by  affinity 
or  consanguinity. 

Sec.  7838  Hemingway's  Code. 

4595.  Books  selected  to  be  used  for  five  years. — It  shall  be 
the  duty  of  the  said  commission  to  select  and  adopt  a  uniform 
system  or  series  of  text-books  for  use  in  the  public  schools 
of  the  state.     Said  commission  is  hereby  authorized,  empow- 
ered, and  directed  to  select  and  adopt  said  uniform  series  of 
text-books  for  use  in  the  public  schools  of  the  state,  and  when 
so  selected,  said  books  shall  be  used  for  a  period  of  five  years 
in  all  the  public  schools  of  the  state,  and  it  shall  be  unlawful 
for  any  teacher  of  any  public  school  in  this  state  to  use  any 
book  or  books  upon  the  same  branch  other  than  those  adopted 
by  said  text-book  commission,  except  as  hereinafter  provided. 


110  TEXT-BOOKS 

Said  uniform  series  shall  include  the  following  branches  of 
study,  to-wit  Orthography,  reading,  writing,  intellectual 
arithmetic,  practical  arithmetic,  geography,  English  gram- 
mar, composition,  history  of  the  United  States,  physiology, 
civil  government,  elements  of  agriculture,  and  history  of  the 
State  of  Mississippi;  that  no  history  in  relation  to  the  late 
civil  war  between  the  states  shall  be  used  in  the  schools  of  this 
state,  unless  it  be  fair  and  impartial,  and  such  other  branches 
of  school  books  as  may  be  added  to  the  above  curriculum  by 
statute.  Provided,  that  none  of  said  text-books  so  selected  or 
adopted  shall  contain  anything  of  a  partisan  or  sectarian 
character;  and  provided,  further,  that  all  text-books  adopted 
for  use  in  the  public  schools  of  the  state  shall  be  printed  in 
English,  except  such  books  as  shall  be  adopted  as  text-books 
in  the  study  of  a  foreign  language. 

Sec.  7839  Hemingway's  Code. 

4596.  Members  to  be  sworn — Must  not  be  directly  or  indi- 
rectly interested  in  contracts. — Before  transacting  any  busi- 
ness relating  to  the  duties  incumbent  on  the  said  commission, 
the  members  thereof  shall  each  take  and  subscribe  an  oath  to 
faithfully  discharge   all  the   duties  devolving  upon  them   as 
members  of  said  commission;  that  he  has  no  interest,  direct 
or  indirect,  in  any  contract  that  may  be  made  hereunder;  that 
he  will  receive  no  personal  benefit  of  profit  therefrom;  that 
he  is  not  in  any  manner  interested  in  any  books  or  publishing 
concern  publishing  any  books  of  the  kind  contemplated  for 
use  in  the  public  schools  of  this  or  any  other  state ;  that  he  will 
carefully,   faithfully,   and   conscientiously   examine   all   books 
submitted  for  inspection,  and  will,  to  the  best  of  his  knowledge 
and  ability,  make  the  best  selection  possible  of  any  and  all 
books  to  be  used  in  the  public  schools  of  the  state. 

Sec.  7840  Hemingway's  Code. 

4597.  Separate  school  districts    may    adopt    supplemental 
books. — The  trustees  of  any  separate  school  district  may  select 
such  other  supplemental  books  in  addition  to  the  books  se- 
lected and  adopted  by  the  school-book  commission,  for  use  in 
such  separate  school  districts,  and  the  trustees  of  the  separate 
school  district  may  raise  the  curriculum  above  that  which  may 
be  prescribed  by  law  ?or  act  of  the  school-book  commission. 

Sec.  7841  Hemingway's  Code. 

4598.  How  choice  of  books  made. — The  said  text-book  com- 
mission shall,  in  making  up  their  choice  for  books  to  be  used, 
take  into  consideration  the  merit  of  each  book  as  to  the  sub- 
ject-matter, the  printing,  binding,  material,  mechanical  quali- 
ties, and  general  suitability  for  the  purpose  intended,  as  well 


TEXT-BOOKS  111 

as  the  price  of  said  books.  Said  commission  shall  select  and 
adopt  such  books  as  will,  in  their  best  judgment,  accomplish 
the  ends  desired,  and  they  are  hereby  authorized,  empowered 
and  directed  in  case  they  deem  any  of  the  books  suitable  and 
more  desirable  than  other  books  of  the  same  class  submitted, 
but  the  price  is  unreasonably  high,  and  that  they  should  be 
offered  at  a  lower  price,  they  may  use  their  discretion  and 
judgment  whether  they  shall  adopt  said  book  or  books,  or 
adopt  the  books  next  best  in  the  list  of  books  submitted. 

Sec.  7842  Hemingway's  Code. 

4599.  When  commission  to  meet  and  organize — To  adver- 
tise for  bids. — The  said  text-book  commission  shall  immediate- 
ly after  their  selection  meet  and  organize,  and  a  majority  of 
said  commission  shall  constitute  a  quorum  for  the  transaction 
of  business.     As  soon  as  the  commission  shall  organize  it  shall 
advertise  in  such  a  manner  and  in  such  places  as  is  deemed 
desirable,  that  at  a  time  and  place  fixed  definitely  in  said  ad- 
vertisement, sealed  bids  will  be  received  from  the  publishers 
of  school  text-books  for  furnishing  books  as  herein  provided 
to   the   public   schools   of   the   State    of   Mississippi,   through 
agencies  established  by  said  publishers  in  the  several  counties 
of  the  state,  for  a  period  of  five  years  from  the  date  and  ex- 
ecution of  the  contract.     The  bids  or  proposals  shall  be  for 
furnishing  the  books  for  a  period  of  five  years  and  no  longer. 

Code  1892. 

The  anti-trust  law  of  1900  has  no  application  to  the  state  or  its  pub- 
lic agencies  in  letting  a  contract  for  copyrighted  school-books  in  the 
manner  provided  by  law  and  as  the  result  of  competitive  bidding  by 
the  terms  of  which  new  books  are  for  a  time  to  be  exchanged  without 
cost,  book  for  book,  in  the  place  of  old  books  then  in  use,  after  which 
the  prices  agreed  on  are  to  be  paid  for  all  books  furnished  during  the 
continuance  of  the  contract.  B.  F.  Johnson  Pub.  Co.  v.  Mills,  79  Mis*. 
543,  31  So.  101. 

A  public  contract  for  an  article  below  cost  is  not  "inimical  to  the 
public  welfare"  within  Const.  1890,  §  198.  B.  F.  Johnson  Pub.  Co.  v. 
Mills,  79  Miss.  543,  31  So.  101. 

Sec.  7843  Hemingway's  Cooe. 

4600.  What   bids    shall   specify— To   be   accompanied  by 
specimen  copies — Bidders  to  put  up  forfeits — Opening  of %bids. 

—All  bids  shall  state  definitely  the  price  at  which  the  books 
will  sell  at  wholesale  and  retail,  and  shall  be  accompanied  by 
one  or  more  specimen  copies  of  each  and  every  book  to  be 
furnished;  it  shall  be  required  of  each  bidder  to  deposit  with 
the  state  treasurer  such  a  sum  of  money  as  the  commission 
may  require,  according  to  the  number  of  books  each  bidder 
may  propose  to  furnish,  and  notice  shall  be  further  given  in 
said  advertisement  that  such  deposit  shall  be  forfeited  to  the 


112  TEXT -BOOKS 

itate  if  the  bidder  making  the  deposit  shall  fail  or  refuse  t« 
make  and  execute  such  contract  and  bond  as  is  hereafter  re- 
quired, the  time  to  be  fixed  by  the  commission  and  so  stated 
in  such  advertisement.  All  bids  shall  be  sealed  and  deposited 
with  the  secretary  of  the  commission  to  be  delivered,  by  him 
to  the  commission  when  it  meets  for  the  purpose  of  consider- 
ing said  bids,  and  shall  be  opened  by  the  secretary  in  the 
presence  of  the  commission. 

Sec.  7844  Hemingway's  Cod*. 

4601.  Bids  to  be  opened  and  considered  in  executive  ses- 
sion— Attorney-general  to  draw  up  contracts. — It  shall  be  the 
duty  of  the  commission  at  the  time  and  place  designated  in 
the  said  advertisement  in  executive  session  to  open  and  ex- 
amine all  sealed  proposals  submitted  and  received  in  pur- 
suance of  the  notice  t>r  advertisement  as  hereinbefore  pro- 
vided; to  examine  and  carefully  consider  all  such  bids  or  pro- 
posals and  determine  in  the  manner  provided  for  what  book 
or  books  shall  be  adopted,  taking  into  consideration  the  size, 
quality  as  to  subject-matter,  material,  printing,  binding,  and 
the  mechanical  execution  and  the  price  and  general  suitability 
for  the  purpose  desired  and  intended.  After  their  selection 
shall  have  been  made,  the  commission  shall,  by  registered  let- 
ter, notify  the  publishers  to  whom  the  contracts  have  been 
awarded,  and  it  shall  be  the  duty  of  the  attorney-general  to 
prepare  said  contract  or  contracts  in  accordance  with  th« 
terms  and  provisions  of  the  law  on  the  subject  of  text-books, 
and  all  contracts  shall  be  executed  by  the  governor  and  secre- 
tary of  state,  with  the  seal  of  the  state  affixed  thereto  on  the 
part  of  the  State  of  Mississippi,  and  the  said  contracts  shall 
be  executed  in  triplicate,  one  copy  to  be  kept  by  the  contractor, 
one  copy  by  the  -secretary  of  the  commission,  and  copied  in  full 
in  the  minute-book  of  the  commission,  and  one  copy  to  be  filed 
in  the  office  of  the  secretary  of  state.  At  the  time  of  the 
execution  of  the  aforesaid  contract,  the  contractors  shall  enter 
into  bond  in  the  sum  of  not  less  than  ten  thousand  dollars, 
payable  to  the  State  of  Mississippi,  conditioned  for  the  faith- 
ful, honest  and  exact  performance  of  all  the  terms  of  said  con- 
tract, together  with  the  payment  of  reasonable  attorney's  fees 
in  ca§e  of  recovery  in  any  suit  upon  the  same,  to  be  approved 
by  the  governor  and  the  attorney-general.  Any  guarantee 
company  authorized  to  do  business  in  the  State  of  Mississippi 
may  become  surety  on  said  bond,  and  there  shall  be  five  or 
more  sureties  on  the  said  bond  who  are  citizens  of  this  state 
and  residents  of  different  counties  therein,  and  in  the  rrent 
suit  is  brought  on  said  bond  in  any  of  the  state  courts,  and 
the  defendants,  or  any  of  them,  have  the  case  removed  or  at- 
tempt to  have  the  case  removed  to  the  federal  court,  the  said 


TEXT-BOOKS  113 

school-book  commission  may  immediately  cancel  the  contract 
and  continue  the  suits  on  the  bond,  and  it  shall  be  the  duty 
of  the  attorney-general  to  so  write  it  in  the  contract.  And  it 
•hall  be  the  duty  of  the  attorney-general  to  prepare  said  bonds 
and  approve  same;  provided,  that  said  bond  shall  not  be  ex- 
hausted by  a  single  recovery,  but  may  be  sued  on  from  time 
to  time  until  the  full  amount  thereof  shall  have  been  recovered, 
and  the  commission  may,  at  any  time,  by  giving  due  notice 
thereof,  require  additional  security,  if,  in  their  judgment,  it 
is  necessary. 

Sec.  7845  Hemingway's  Code. 

4602.  Forfeit  money  returned  to   unsuccessful  bidders — 
Contract  must  be  executed  within  thirty  days. — When  any 
firm  or  corporation  shall  have  been  awarded  a  contract  and 
submitted  therewith  the  bond  as  required,  the  commission  shall 
inform  the  treasurer  of  the  state,  and  it  shall  then  be  his  duty 
to  return  to  such  contractor  the  cash  deposit  made  by  him, 
and  the  commission  shall  furnish  the  treasurer  the  names  of 
the  unsuccessful  bidders,  when  he  shall  return  to  them  the 
amount  deposited  by  them  at  the  time  of  the  submission  of 
their  bid,  but  should  any  firm,  person,  or  corporation  fail  or 
refuse  to  execute  the  contract  and  submit  the  bond  as  required 
hereby,  within  thirty  days  after  the  awarding  of  the  contract 
to  him,  and  the  mailing  of  the  registered  letter  containing 
the  notice,  the  said  cash  deposit  will  be  deemed  and  is  hereby 
declared  forfeited  to  the  state,  and  it  shall  be  the  duty  of 
the  treasurer  to  place  said  deposit  in  the  treasury  of  the  state 
to  the  credit  of  the  general  school  fund ;  and,  provided  further, 
that  any  recovery  on  the  bond  of  any  contractor  shall  be 
placed  to  the  credit  of  said  fund,  and  be  prorated  among  the 
geveral  counties  of  the  state. 

Sec.  7846  Hemingway's  Code. 

4603.  Books  furnished  to  be  equal  to  specimen  copies. — 
The  books  furnished  under  any  contract  shall  at  all  times 
during  the  existence  of  the  contract  be  equal  to,  in  all  re- 
apects,  the  specimen  or  sample  copies  furnished  with  bids; 
and  it  shall  be  the  duty  of  the  state  superintendent  of  educa- 
tion to  preserve  in  his  office  as  the  standard  of  quality  and 
excellence  to  be  maintained  in  such  books  during  the  continu- 
ance of  said  contract,  sample  copies  of  all  books  which  have 
been  the  basis  of  any  contract,  together  with  the  original  bid, 
and  the   contractor  shall  furnish  like   samples   or  specimen 
copies  of  books  to  the  different  county  superintendents   of 
education,  which  shall  be  preserved  by  them  in  like  manner, 
and  the  same  shall  always  be  open  to  inspection  by  the  public. 
The  retail  price  and  the  exchange  price  of  each  book  adopted 
•hall  be  either  printed  on  the  back  or  indelibly  stamped  on 


114  TEXT-BOOKS 

the  first  page.  And  the  commission  shall  not  in  any  case  con- 
tract with  any  person  or  publisher  for  books  to  be  used  in  the 
public  schools  of  the  state  at  a  price  above  or  in  excess  of  the 
price  at  which  such  book  or  books  are  furnished  by  said  per- 
son or  publisher  to  any  state,  county,  or  school  district  in  the 
United  States  under  like  condition  prevailing  in  the  state  and 
under  this  chapter,  as  to  the  method  of  distributing  the  books 
to  the  consumer.  And  it  shall  be  stipulated  in  each  contract 
that  the  contractor  is  not  now  furnishing  under  contract  any 
state,  county,  or  school  district  in  the  United  States  where 
like  conditions  as  are  now  prevailing  in  this  state  and  under 
this  chapter,  as  to  the  method  of  distributing  the  books  to  the 
consumers,  the  same  book  or  books  at  a  price  less  than  the 
price  stipulated  in  the  said  contract,  and  the  commission  is 
hereby  authorized  and  directed,  at  any  time  that  they  may 
find  that  any  book  is  being  furnished  at  a  lower  price  under 
contract  to  any  state,  county,  or  school  district  as  aforesaid, 
to  sue  upon  the  bond  of  said  contractor  for  the  recovery  of 
the  difference  between  the  contract  price  and  the  lower  price 
at  which  they  find  the  book  or  books  have  been  sold,  and 
should  any  contractor  fail  to  execute  the  terms  and  provisions 
of  his  contract  specifically,  said  commission  is  hereby  author- 
ized, empowered  and  directed  to  bring  suit  in  the  name  of  the 
State  of  Mississippi  upon  the  bond  of  such  contractor  for  the 
recovery  of  all  damages  for  the  benefit  of  the  public  school 
fund,  but  nothing  herein  provided  shall  be  construed  so  as  to 
prevent  said  commission  and  any  contractor  from  agreeing 
in  any  manner  to  change,  alter  or  amend  any  contract,  pro- 
vided eight  members  of  said  commission  shall  agree  and  think 
it  advisable  and  for  the  best  interests  of  the  public  schools  of 
the  state  to  make  such  change,  alteration  or  amendment. 

Sec.  7847  Hemingway's  Code. 

4604.  State  not  liable  to  any  contractor. — It  shall  always 
be  a  part  of  the  terms  and  conditions  of  every  contract  made 
in  pursuance  of  this  chapter  that  the  State  of  Mississippi  shall 
not  be  liable  to  any  contractor,  in  any  manner,  for  any  sum 
whatsoever,  but  all  such  contractors  shall  receive  their  pay 
and  compensation  solely  and  exclusively  from  the  proceeds 
of  the  sale  of  books  as  herein  provided. 

Sec.  7848  Hemingway's  Code. 

4605.  Bids  may  be  rejected. — The  said  text-book  commis- 
sion shall  have  and  reserve  the  right  to  reject  any  and  all 
bids  or  proposals  if  they  shall  be  of  the  opinion  that  same 
should  be  rejected.    And  in  case  they  fail  to  select  or  adopt 
any  book  or  books  upon  any  of  the  branches  mentioned  in  a 
previous  section  of  this  chapter  from  among  the  bids  or  pro- 


TEXT-BOOKS  115 

posals  submitted,  they  may  readvertise  for  sealed  bids  or  pro- 
posals under  the  same  terms  or  conditions  as  before,  and  pro- 
ceed in  their  investigation  in  all  respects  as  they  did  in  the 
first  instance  and  as  required  in  the  terms  and  provisions 
herein  set  forth.  And  it  is  provided  further  that  any  person, 
firm  or  corporation  now  doing  business  or  proposing  to  do 
business  in  the  State  of  Mississippi  shall  have  the  right  to  bid 
for  the  contract  to  be  awarded  under  this  chapter,  and  may 
submit  in  writing  bid  or  bids  to  edit  or  have  edited,  published 
and  supply  for  use  in  the  public  schools  in  this  state  any  book 
or  books  herein  provided  for,  or  they  may  submit  books  the 
equal  of  which  in  every  way  they  propose  to  furnish,  and  they 
shall  accompany  their  bid  with  the  cash  deposit,  and  execute 
a  contract  and  bond  and  be  subject  to  the  same  conditions 
and  restrictions  as  hereinbefore  provided. 

CHAPTER  219. 
LAWS  1910. 

Sec.  7849  Hemingway's  Code. 

4606.  Contractor  to  establish  book  depositories. — The  suc- 
cessful bidder  or  contractor  shall  establish  and  maintain  one 
or  more  depositories  in  this  state,  to  be  designated  by  the 
commission,  where  a  stock  or  supply  of  the  books  sufficient 
to  meet  all  the  immediate  demands  shall  be  kept.  There  shall 
also  be  maintained  in  each  county  in  this  state  two  or  more 
agencies  for  the  distribution  of  the  books  contracted  for  and 
one  of  the  distributing  points  shall  be  the  county  site,  and 
where  there  are  two  county  sites  in  a  county  a  distributing 
point  shall  be  maintained  at  each;  and  said  agencies  shall  sell 
to  all  persons  desiring  to  purchase  said  books,  to  the  patrons 
of  the  public  schools;  and  the  contractor  shall  make  arrange- 
ments with  two  or  more  booksellers  or  merchants  in  towns 
of  two  thousand  or  more  inhabitants  that  may  apply  for  agen- 
cies to  handle  and  distribute  the  books  at  said  places,  pro- 
vided that  such  applicant  for  any  agency  shall  execute  and 
tender  to  said  contractor  a  valid  contract  and  bond  condi- 
tioned for  the  faithful  and  efficient  performance  of  his  trust 
as  the  agent  of  said  contractor,  and  provided  further,  that 
said  contractor  and  said  applicant  for  said  agency  agree  as 
to  the  terms  and  conditions  of  said  agency,  or  contract,  and 
the  amount  of  said  bond ;  and  it  shall  be  unlawful  for  said 
contractor,  either  directly  or  indirectly,  to  give  to  any  appli- 
cant complying  with  the  provisions  of  this  act  any  advantage 
over  another  in  the  contract  or  terms  of  such  agency.  All 
books  shall  be  sold  to  the  consumer  at  the  retail  contract  price 
and  in  each  book  shall  be  printed  the  following:  "The  price 


116  TEXT-BOOKS 

fixed  hereon  is  by  state  contract  and  any  excess  thereon  shall 
be  reported  to  the  county  superintendent,  or  the  state  super- 
intendent of  education  at  Jackson,  Mississippi." 

Chap.  219,  Laws  1910.  Sec.  7850  Hemingway's  Code. 

Apply  only  to  future  contracts. — 2.  That  this  act  shall  apply 
to  all  contracts  hereafter  made  by  the  commission,  but  that 
it  shall  have  no  force  and  effect  as  to  contracts  now  in  ex- 
istence. 

CODE  1906. 

Sec.  7851   Hemingway's  Code. 

4607.  Damages  for  failure  to  meet  demand  for  books. — It 

is  expressly  provided  that  should  any  contractor  fail  to  fur- 
nish the  books  sufficient  to  meet  the  demand  and  at  the  prices 
designated,  or  otherwise  fail  to  comply  with  the  contract,  in 
addition  to  the  right  of  the  state  to  sue  on  the  bond  as  herein- 
before required,  the  county  superintendent  of  education  in 
any  county  of  the  state  where  such  breach  of  contract  may  bt 
made,  may  bring  suit  for  damages  in  the  name  of  the  Statt 
of  Mississippi  in  the  proper  court  of  the  county  wherein  ht 
resides,  for  the  use  and  benefit  of  the  school  fund  of  the  coun- 
ty, and  in  all  cases  arising  hereunder  service  of  process  may 
be  had  and  deemed  sufficient  on  any  agent  of  the  contractor 
in  this  state. 

Sec.  7852  Hemingway's  Code. 

4608.  Commission  to  enforce  provisions. — Said  commission 
may  make  any  necessary  regulations  not  contrary  to  the  pro- 
visions herein  mentioned  to  secure  the  prompt  distribution  of 
the  books  herein  provided  for,  and  the  prompt  and  faithful  ex- 
ecution of  all  contracts,  and  it  is  expressly  provided  that  said 
commission  shall  maintain  its   organization  during  the   five 
years  of  the  continuance  of  this  contract. 

Sec.  7853  Hemingway's  Code. 

4609.  State  superintendent  to  notify  county  superintend- 
ents.— As  soon  as  practicable  after  the  adoption  of  the  text- 
books the  state  superintendent  shall  issue  a  circular  letter  to 
each  of  the  county  superintendents  of  education  in  this  state, 
and  to  such  teachers  and  other  persons    as    he    may    desire, 
stating  the  list  of  books  adopted,  the  prices,  location  of  agen- 
cies, and  such  other  information  as  he  may  deem  necessary. 

Sec.  7854  Hemingway's  Code. 

4610.  Books  adopted  to  supplant  all  others — Exceptions.— 
The  books  adopted  as  a  uniform  series  of  text-books  shall  bt 
introduced  and  used  as  text-books  to  the  exclusion  of  all  oth- 
ers in  the  public  schools  of  this  state,  and  continue  to  be  used 


TEXT-BOOKS  117 

for  five  years  as  said  text-books,  except  as  herein  provided 
for  the  change  of  said  books  as  the  commission  may  deem 
advisable  for  the  best  interests  of  the  public  schools  of  this 
state;  provided,  that  nothing  in  this  chapter  shall  be  con- 
strued to  prevent  the  use  of  supplementary  books,  but  such 
supplementary  books  shall  not  be  used  to  the  exclusion  of  the 
books  adopted  under  the  provisions  of  this  chapter;  provided, 
further,  that  nothing  herein  provided  shall  prevent  the  teach- 
ing in  any  of  the  public  schools  of  this  state  any  branch  higher 
or  more  advanced  than  is  embraced  in  any  previous  section 
of  this  chapter,  nor  the  using  of  any  books  upon  such  higher 
branch  of  study;  provided,  that  such  branch  shall  not  be 
taught  to  the  exclusion  of  the  branches  mentioned  and  set 
forth. 

Sec.  7855  Hemingway's  Code. 

4611.  Penalty    for    violating    text-book    provisions. — Any 

person  violating  the  provisions  of  the  law  on  the  subject  of 
uniform  text-books  shall  be  guilty  of  a  misdemeanor,  and,  up- 
on conviction,  be  punished  by  a  fine  of  not  less  than  ten  dollars 
nor  more  than  fifty  dollars. 

Sec.  7856  Hemingway's  Code. 

4612.  Penalty  for  teaching  other  books. — Any  teacher  who 
shall  use  or  permit  to  be  used  in  his  or  her  school  any  text- 
book upon  the  branches  embraced  in  this  chapter  other  than 
the  ones  adopted  by  said  text-book    commission    upon    said 
branch  as  hereinbefore  provided,  shall  be  guilty  of  a  misde- 
meanor, and,  upon  conviction,  shall  be  punished  as  provided 
for  in  the  preceding  section. 

Sec.  7857  Hemingway's  Code. 

4613.  Penalty  for  demanding  more  than  contract  price.— 

If  any  local  agent,  clerk,  dealer,  or  other  person  handling  or 
selling  the  books  adopted  under  the  provisions  of  this  law 
shall  demand  or  receive  in  cash  more  than  the  contract  price 
for  any  of  the  books  herein  provided  for,  he  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction,  shall,  for  each  of- 
fense, be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  five  hundred  dollars. 

Sec.  7858  Hemingway's  Code. 

4614.  Commission  to  keep  a  journal  of  its  procedings.— The 

commission  is  required  to  keep  a  journal  of  its  proceedings, 
which  journal  shall,  at  the  close  of  each  meeting,  be  signed  by 
the  president  and  secretary  of  the  commission,  and  when  the 
text-books  shall  have  been  adopted  according  to  the  provi- 
sions of  this  chapter,  the  journal  shall  be  filed  in  the  office 
of  the  secretary  of  state,  and  a  separate  journal  shall  be  kept 
of  subsequent  meetings,  which  journal  shall  be  filed  in  the 
office  of  the  secretary  of  state. 


118  TEXT-BOOKS 

Sec.  7859  Hemingway's  Code. 

4615.  Commission  can  not  extend  contract. — The  members 
of  the  commission  provided  for  by  section  7837  shall  hold  their 
office  for  five  years  from  the  date  of  their  appointment  and 
until  their  successors  are  duly  appointed  and  qualified,  and 
shall  have  no  power  to  extend  any  contract  made  by  them, 
but  their  successors,  duly  appointed  and  qualified  as  provided 
for  by  section  7837,  shall  be  authorized  and  directed  to  exe- 
cute a  new  contract  on  the  same  terms  and  conditions  as  is 
provided  hereunder. 

Chap.  219,  Laws  1910.  Sec.  7860  Hemingway's  Code. 

4616.  Members  of  commission  not  to  accept  employment  or 
receive  gifts  or  donations   from   book   dealers — Penalty. — It 

shall  be  unlawful  for  any  member  of  the  school-book  commis- 
sion during  the  term  of  his  appointment  or  office  to  accept  or 
receive  from  any  school-book  company,  firm,  corporation,  or 
agent,  any  employment,  retainer,  compensation,  reward,  emol- 
ument, gift,  or  donation,  directly  or  indirectly,  except  books 
actually  submitted  for  inspection  with  the  bona  fide  view  of 
securing  their  adoption;  and  it  shall  be  unlawful  for  any 
school-book  company,  firm,  corporation  or  agent  to  employ  or 
retain  or  offer  to  employ  or  retain  any  member  of  such  com- 
mission, or  to  pay  or  to  offer  to  pay  any  compensation,  re- 
ward, or  emolument  to  any  member  of  such  commission,  or  to 
give  or  offer  to  give  any  donation  to  any  member  of  such 
commission,  except  books  or  school  apparatus  actually  sub- 
mitted for  inspection,  with  the  bona  fide  view  of  securing 
their  adoption.  Any  violation  of  this  section  shall  be  pun- 
ishable by  a  fine  of  not  more  than  one  thousand  dollars  or  by 
imprisonment  in  the  penitentiary  for  not  more  than  two  years, 
or  both. 

Sec.  7862  Hemingway's  Code. 

4618.  Compensation  and  mileage  of  commissioners. — The 
superintendent  of  public  education  shall  serve  on  the  com- 
mission without  compensation,  and  the  other  members  of  the 
commission  shall  be  paid  the  sum  of  five  dollars  per  day  dur- 
ing the  time  they  are  actually  employed,  not  to  exceed  thirty 
days,  and,  together  with  the  superintendent  of  public  educa- 
tion, shall  receive  ten  cents  a  mile  for  each  mile  actually  trav- 
eled from  their  homes  to  the  place  of  meeting  and  return,  and 
all  necessary  expenses  for  advertising,  to  be  paid  out  of  the 
general  school  fund,  and  they  shall  each  make  and  swear  to 
a  statement  of  the  number  of  miles  traveled,  and  the  number 
of  days  actually  employed. 


TEXT-BOOKS  119 

Sec.  7863  Hemingway's  Code. 

4619.  When  contract  forfeited. — In  case  of  the  failure  of 
any  contractor  to  furnish  the  books  provided  for  in  his  con- 
tract, then  his  bond  shall  be  declared  forfeited,  and  the  com- 
mission is  authorized  and  empowered  to  make  such  other  con- 
tract for  the  unexpired  term  with  any  person,  firm  or  cor- 
poration to  provide  and  furnish  such  books  as  they  may  deem 
advisable  for  the  best  interest  of  the  state. 

Sec.  7864  Hemingway's  Code.. 

4620.  When  commissioners  shall  be  disqualified  to  vote  on 
contracts. — If  any  person  related  within  the  third  degree  by 
blood  or  marriage  to  any  member  of  the  school-book  commis- 
sion, or  is  associated  in  any  business  or  partnership  with  any 
member  of  said  commission,  shall  be  employed  in  good  faith 
by  any  school-book  company,  firm,  corporation  or  agent  in  con- 
nection with  the  adoption  of  school-books  in  this  state,  the 
member  of  said  commission  so  related  by  blood  or  marriage, 
or  so  associated  in  business  with  such  person,  shall  not  vote 
for  the  adoption  of  any  school-book  offered  for  adoption  by 
such  school-book  company,  firm,  corporation  or  agent. 


12«  SIXTEENTH  SECTIONS 


SIXTEENTH  SECTIONS. 

Sec.  7505  Hemingway's  Code. 

4695.  Titles  to  be  investigated  and  established.— The  board 
of  supervisors  of  each  county  wherein  is  situated  a  sixteenth 
section  of  land,  or  a  part  of  such  a  section,  or  another  section 
or  part  of  another  section  taken  in  lieu  of  any  sixteenth  sec- 
tion or  part  thereof,  reserved  for  the  support  of  township 
schools,  shall  employ  one  or  more  competent  persons  for  that 
purpose,  and  shall  take  all  such  further  action  as  shall  be 
necessary  to  ascertain  the  true  condition  of  the  title  to  each 
parcel  of  such  land  in  its  county,  and  to  establish  and  confirm 
the  same,  fixing  in  each  case  the  date  of  the  expiration  of  any 
lease  thereof. 

Code  1892. 

A  suit  is  maintainable  by  a  county  under  this  section  where  the 
defendant  claims  the  sixteenth  section  in  fee  simple  under  a  deed 
from  the  lessee,  though  the  land  was  not  sold  by  the  county  officials. 
Carroll  County  v.  Jones,  71  Miss.  947,  15  So.  106. 

Employment  generally  of  counsel  by  the  year  by  the  board  of  su- 
pervisors, under  Code  1892,  §  293  (Code  1906,  §  312),  in  no  way  de- 
prives it  of  specially  employing  a  different  lawyer  to  investigate  the 
special  matter  of  title  to  sixteenth  section  school  lands  and  to  bring 
suit  to  confirm  title  thereto.  Warren  County  v.  Dabney,  81  Misg.  278, 
32  So.  908. 

Code  1906. 

The  title  to  the  sixteenth  section  of  land  is  in  the  state,  in  trust  for 
the  support  of  the  public  schools  of  the  township  wherein  the  same  is 
situated.  Jefferson  Davis  County  v.  James-Sumrall  Lumber  Co.,  94 
Miss.  i30,  49  So.  611. 

Code  1906,  §§  4695-4716,  is  within  the  power  of  the  state  and  is  not 
a  delegation  of  power  within  the  rule  prohibiting  the  delegation  of 
power,  for  a  "county"  is  a  mere  political  subdivision  of  the  state, 
created  to  act  for  the  state  in  local  matters,  and  the  state,  in  thus 
dealing  with  the  sixteenth  section  of  land,  acts  through  a  govern- 
mental agency.  Jefferson  Davis  County  v.  James-Sumrall  Lumber  Co., 
94  Miss.  530,  49  So.  611. 

Code  1906,  §§  4695-4716,  confer  on  the  counties  all  powers  necessary 
to  carry  out  the  purpose  of  the  grant  of  jurisdiction  and  control,  and  a 
county  may  sue  for  waste  committed  in  cutting  timber  from  a  sixteenth 
section.  Jefferson  Davis  County  v.  James-Sumrall  Lumber  Co.,  94 
Miss.,  530,  49  So.  611. 

Sec.  7506  Hemingway's  Code. 

4696.  Abstracts  of  title. — A  complete  abstract  of  title  shall 
be  made  of  each  parcel  of  said  land;  and  such  abstract  shall 
contain  references,  by  book  and  page,  to  the  acts  of  congress, 
the  acts  of  the  legislature,  and  to  all  records  relating  thereto  • 
and  every  such  abstract  shall  be  duly  certified  and  recorded 


SIXTEENTH  SECTIONS  121 

in  the  record  of  deeds,  and  be  styled  and  indexed  under  the 

head  of  "Sixteenth  Sections,  T. ,  R ;"  and  it  shall  be 

so  styled  and  indexed  whether  the  land  be  in  a  sixteenth 
section  or  in  another  section  taken  in  lieu  of  it ;  and  the  origi- 
nal shall  be  deposited  in  the  land  office. 

Sec.  7508  Hemingway's  Code. 

4698.  Suits  to  establish  title  and  settle  disputes.— It  is  the 
duty  of  the  board  of  supervisors,  and  of  such  competent  per- 
son or  persons  so  employed,  in  the  name  of  the  county,  and 
the  privilege  of  any  person  interested,  to  institute  and  prose- 
cute to  effect,  in  the  chancery  court  of  the  county  where  the 
land  lies,  all  necessary  suits  to  establish  and  confirm  the  title 
to  each  parcel  of  such  land  and  to  fix  the  date  of  the  expira- 
tion of  any  lease  of  the  same;  and  if  any  person  claim  any 
of  said  lands  in  fee  simple,  or  upon  any  other  terms  than  that 
of  a  lease  to  expire  at  a  fixed  date,  with  absolute  reversion 
to  the  state  in  trust,  or  if  the  title  to  such  lands  rest  in  parol, 
by  destruction  of  records  or  otherwise,  suit  shall  be  instituted 
at  once,  or  as  soon  as  practicable,  to  test  the  legality  of  such 
claims  or  to  re-establish  the  lost  record. 

Code  1892. 

The  interest  referred  to  in  this  section  is  that  of  a  citizen  in  a  civil 
subdivision  in  the  assertion  of  the  rights  of  the  pubic  and  not  the 
interest  of  an  owner  or  lessee  of  the  lands.  Such  owner  or  lessee  can 
not  bring  this  action  in  his  own  behalf.  Osburn  v.  Hinds  County,  71 
Miss.  19,  14  So.  457. 

Compliance  by  the  board  of  supervisors  with  the  requirements  of 
Code  1892,  §§  4144,  4145,  4146  (Code  1906,  §§  4695,  4696,  4697),  being 
for  the  benefit  of  the  public,  is  not  a  prerequisite  to  bringing  suit 
under  this  section  to  establish  and  confirm  the  title.  Wright  v.  Lau- 
derdale  County,  71  Miss.  800,  15  So.  116. 

Notwithstanding  Code  1892,  §  501  (Code  1906,  §  551),  it  is  sufficient 
in  a  suit  under  this  section  in  behalf  of  the  county  to  aver  reservation 
of  title  by  the  United  States  for  school  purposes  and  that  the  legal 
title  remains  in  the  United  States,  affected  with  the  public  trust  for 
support  of  schools  in  the  township.  Wright  v.  Lauderdale  County,  71 
Miss.  800,  15  So.  116. 

Carroll  County  v.  Jones,  71  Miss.  947,  15  So.  106;  Warren  County 
T.  Dabney,  81  Miss.  273,  32  So.  908. 

Sec.  7509  Hemingway's  Code. 

4699.  Rule  of  evidence. — Adverse  possession  for  a  period 
of  twenty-five  years,  under  a  claim  of  right  or  title,  shall  be 
prima  facie  evidence  in  such  case  that  the  law  authorizing 
the  disposition  of  the  lands  had  been  complied  with  and  the 
lease  or  sale  duly  made.     If  the  claim  be  under  a  lease,  the 
time  at  which  the  lease  expires  shall  be  fixed  by  the  court. 


122  SIXTEENTH  SECTIONS 

Code  1892. 

This  section  is  not  confined  to  cases  in  which  a  lease  has  in  fact 
been  made  and  such  lease  is  attacked  because  of  alleged  infirmity 
growing  out  of  absence  of  evidence  in  compliance  with  the  law.  Car- 
roll County  v.  Estes,  72  Miss.  171,  16  So.  908. 

Wherever  there  has  been  adverse  possession  for  twenty-five  years 
under  a  paper  title,  purporting  to  assign  a  lease,  the  statute  applies. 
Carroll  County  v.  Estes,  72  Miss.  171,  16  So.  908. 

To  the  same  effect,  see  Amite  County  v.  Steen,  72  Miss.  567,  17  So. 
930;  and  Forsdick  v.  Tallahatchie  County,  76  Miss.  622,  24  So.  962. 

In  the  absence  of  sufficient  evidence  a  lease  of  a  sixteenth  section 
by  school  trustees  will  not  be  presumed.  Weiler  v.  Monroe  County, 

74  Miss.  682,  22  So.  188. 

No  presumption  that  the  sixteenth  section  has  been  leased  will  be 
indulged  in  support  of  a  tax  deed,  Code  1892,  §  1806  (Code  1906,  § 
1983),  as  to  prima  facie  effect  of  tax  deeds,  being  without  application 
in  such  case.  Leflore  County  v.  Bush,  76  Miss.  551,  25  So.  351,  dis- 
tinguishing Chamberlain  v.  Lawrence,  71  Miss.  949,  15  So.  40. 

No  presumption  of  sale  or  lease  of  school  land  is  indulged  except 
that  arising  under  this  section.  Leflore  County  v.  Bush,  76  Miss.  551, 
25  So.  351. 

A  sale  in  fee  of  the  sixteenth  section  school  lands  has  never  been 
authorized  by  law  in  this  state.  Weiler  v.  Monroe  County,  76  Miss. 
492,  25  So.  352,  explaining  Weiler  v.  Monroe  County,  74  Miss.  682,  22 
So.  188. 

The  statute  of  limitations  does  not  run  against  the  reversion  in  a 
sixteenth*  section  during  the  existence  of  a  lease.  Weiler  v.  Monroe 
County,  76  Miss.  492,  25  So.  352. 

See  Sexton  v.  Coahoma  County,  86  Miss.  380,  38  So.  636. 

Sec.  7510  Hemingway's  Code. 

4700.  Lands  to  be  leased.— None  of  such  lands  shall  ever 
be  sold,  but  they  shall  be  leased;  those  not  in  a  city,  town,  or 
village  for  a  term  not  exceeding  fifteen  years,  and  those  in  a 
city,  town,  or  village  for  a  term  not  exceeding  twenty-five 
years,  on  condition  of  the  payment  annually  of  the  rent  re- 
served. No  timber  shall  be  cut  or  used  by  the  lessees  except 
for  fuel  and  necessary  repairs  and  improvement  on  the  land. 

Code  1892. 

Leaseholders  or  other  private  interests  of  persons  in  sixteenth  sec- 
tions of  land  in  this  state  are  subject  to  taxation.  Street  v.  Columbus, 

75  Miss.  822,  23  So.  773. 

A  tenant  for  years  cutting  standing  timber  on  a -sixteenth  section 
for  sale  is  guilty  of  waste.  Warren  County  v.  Gans,  80  Miss.  76,  31 
So.  539. 

And  such  timber  may  be  replevied  by  the  county  under  the  pro- 
visions of  this  chapter,  the  land  having  been  leased  in  1834  for  ninety- 
nine  years  under  the  laws  of  this  state  then  in  force.  Warren  County 
v.  Gans,  80  Miss.  76,  31  So.  539. 


SIXTEENTH  SECTIONS  123 

A  bill  in  equity  to  recover  for  waste  simply  averring  that  the  school 
authorities  had  leased  the  land,  that  the  lessee  had  assigned  the  lease 
and  that  defendant  held  under  it,  is  demurrable  for  a  failure  to  show 
the  term  of  the  lease,  when,  where,  by  whom  and  to  whom  it  was  made. 
Adams  v.  Griffin,  85  Miss.  1,  37  So.  457. 

Code  1906. 

The  cutting  of  timber  for  commercial  purposes  from  the  sixteenth 
section  leasehold  is  waste,  notwithstanding  a  claim  that  the  timber 
was  cut  and  sold  for  agricultural  purposes.  Jefferson  Davis  County  v. 
James-Sumrall  Lumber  Co.,  94  Miss.  530,  49  So.  611. 

The  good  faith  of  a  tenant  of  the  sixteenth  section  of  land  in  clear- 
ing up  portions  of  it  for  cultivation  is  for  the  jury.  Jefferson  Davis 
County  v.  James-Sumrall  Lumber  Co.,  94  Miss.  530,  49  So.  611. 

A  tenant  of  the  sixteenth  section  land  may  clear  up  for  cultivation 
such  portion  of  it  as  a  prudent  owner  in  fee  would  clear  for  that 
purpose,  provided  he  leaves  enough  timber  necessary  for  the  perma- 
nent use  and  enjoyment  of  the  inheritance,  but  he  must  do  this  in  good 
faith,  or  he  may  be  guilty  of  waste.  Jefferson  Davis  County  v.  James- 
Sumrall  Lumber  Co.,  94  Miss.  530,  49  So.  611. 

Since  it  is  unlawful  for  the  lessee  of  a  sixteenth  section  of  state 
land  to  sell  for  commercial  purposes  the  timber  standing  thereon,  the 
warranty  in  a  sale  of  such  timber  by  the  lessee  is  broken  when  made, 
and  an  action  for  such  breach  at  once  lies,  without  any  hostile  asser- 
tion of  the  paramount  title.  Jackson  Naval  Stores  Co.  v.  Tootle,  96 
Miss.  486,  51  So.  801;  Moss  Point  Lumber  Co.  v.  Harrison  County,  89 
Miss.  448,  42  So.  290,  873. 

(1817,  art.  VI,  §  20.) 

Purchaser  at  a  tax  sale  of  leasehold  interest  in  sixteenth  section 
land  acquired  only  the  soil,  where  the  lessee  had  sold  the  timber  to 
one  who  paid  the  taxes  thereon.  Caston  v.  Pine  Lumber  Co.,  110  Miss. 
165,  69  So.  668. 

Sec.  7511  Hemingway's  Code. 

4701.  Counties  to  have  control. — The  several  counties 
wherein  are  situated  any  of  such  lands  have,  through  their 
respective  boards  of  supervisors,  under  the  general  supervi- 
sion of  the  land  commissioner,  jurisdiction  and  control  there- 
of, and  of  all  funds  arising  from  any  disposition  thereof  here- 
tofore or  hereafter  made;  and  shall  cause  all  such  funds  to 
be  paid  into  their  respective  treasuries,  and  all  notes,  bonds, 
and  other  securities  for  the  same  to  be  turned  over  to  the 
county  treasurers  and  duly  collected.  All  funds  derived 
from  such  lands  shall  be  credited  to  the  proper  township,  and 
each  treasurer  shall  keep  a  separate  account  with  each  town- 
ship. Such  funds  shall  not  be  expended  otherwise  than  for 
the  purpose  of  education  within  the  township  to  which  they 
belong,  but  the  board  of  supervisors  may  appropriate  the 
funds  for  the  erection  of  necessary  buildings  and  improve- 
ments upon  the  land.  The  whole  of  the  funds  derived  from 
annual  payments  of  rents  may  be  expended,  but  only  the  in- 
terest of  other  funds.  The  boards  of  supervisors  may  require 
additional  bonds  from  the  county  treasurers  to  protect  such 


124  SIXTEENTH  SECTION'S 

funds,  but  they  shall  be  liable  therefor  on  their  official  bonds. 
All  securities  heretofore  taken  for  any  such  funds  shall  be 
delivered  to  the  county  treasurer  and  collected  as  in  other 
cases. 

Schools,  see  §  7386. 

Code  1906. 

Under  Code  1906,  §  4701,  an  unliquidated  claim  for  wrongfully  cut- 
ting timber  on  sixteenth  section  lands  was  not  within  the  provisions  of 
Const.  1890,  §  100,  and  hence  the  supervisors  had  full  authority  to 
settle  such  claim.  Eastman,  Gardiner  &  Co.  v.  Adams,  101  Miss.  460, 
58  So.  221. 

CHAPTER  220. 

LAWS  1910. 
Sec.  7512  Hemingway's  Code. 

4702.  May  sell  timber. — That  the  board  of  supervisors  in 
counties  having  control  of  any  sixteenth  section  of  land,  or  a 
part  of  such  section  or  of  another  section  or  part  of  a  section 
taken  in  lieu  of  any  sixteenth  section  or  a  part  thereof,  re- 
served for  the  support  of  township  schools,  be,  and  they  are 
hereby  authorized  and  empowered,  to  sell  the  merchantable 
timber  of  any  and  all  varieties  and  wood  and  gravel  and  acid 
iron  earth,  on  such  land,  or  to  lease  for  a  term  not  exceeding 
three  years  said  lands  for  turpentine,  or  pasturage  purposes 
for  a  term  not  exceeding  one  year.  The  funds  arising  from 
ttie  sale  of  such  timber  or  wood  or  gravel  or  acid  iron  earth  or 
from  the  lease  for  turpentine  or  pasturage  purposes  shall  be 
credited  to  the  proper  township,  and  the  treasurer  shall  keep 
a  separate  account  with  each  township.  Such  funds  shall  not 
be  expended  but  shall  be  loaned  out  by  the  boards  of  super- 
visors in  the  same  manner  and  under  the  same  restrictions  as 
provided  by  law  for  the  loan  and  security  of  other  sixteenth 
section  funds.  The  interest  arising  from  such  funds  shall  be 
expended  for  the  support  of  the  township  schools  as  is  pro- 
vided by  law  for  the  expenditure  of  the  interest  on  other  six- 
teenth sections. 

Code  1906. 

Under  Const.  1890,  §  211,  limiting  the  time  for  which  the  state  caa 
part  with  control  of  school  lands,  and  under  Code  1906,  §  4702  (§  7512, 
this  Code),  authorizing  the  board  of  supervisors  to  sell  the  timber  on 
such  lands,  the  supervisors  may  permit  the  purchaser  to  enter  the 
land  to  remove  the  timber,  and  to  burden  the  land  with  the  support 
thereof  until  removed,  but  they  can  not  grant  him  an  indefinite  lengtk 
of  time.  Dantzler  Lumber  Co.  v.  State,  97  Miss.  355,  53  So.  1;  State 
r.  Blodgett,  110  Miss.  768,  70  So.  710;  State  v.  Dunnam,  67  So.  461, 
not  officially  reported. 


SIXTEENTH  SECTIONS  125 

Under  Code  1906,  §  4702,  empowering  county  supervisors  controlling 
•cbool  lands  to  sell  the  merchantable  timber  thereon,  a  corporation 
may  lawfully  acquire  and  dispose  of  such  timber  for  commercial  pur- 
poses. Southern  Plantations  Co.  v.  Kennedy  Heading  Co.,  104  Miss. 
Ill,  61  So.  166. 

Since  under  Code  1906,  §  4702,  a  corporation  may  acquire  the  right 
to  cut  timber  from  sixteenth  section  land  for  commercial  purposes, 
its  warranty  that  it  had  the  right  to  sell  the  timber  for  such  purposes, 
with  an  agreement  that  in  the  event  it  had  no  such  right  to  acquire 
it  for  the  benefit  of  the  buyer  when  called  on  to  do  so,  and  in  default 
thereof  to  refund  the  purchase-money,  was  not  void  as  being  an  agree- 
ment to  protect  the  buyer  in  any  illegal  act.  Southern  Plantations 
Co.  v.  Kennedy  Heading  Co.,  104  Miss.  131,  61  So.  166. 

A  warranty  expressly  covering  all  of  the  timber  on  a  tract  can  not 
be  restricted  by  implication  because  of  recitals  in  other  parts  of  the 
deed,  unless  the  intention  to  do  so  is  expressed  in  unambiguous  lan- 
guage, and  the  fact  that  the  deed  on  its  face  shows  a  part  of  the  land 
is  sixteenth  section  land  is  immaterial  to  the  grantee's  right  to  re-- 
cover  for  a  breach  of  warranty.  Southern  Plantations  Co.  v.  Kennedy 
Heading  Co.,  104  Miss.  131,  61  So.  166. 

A  purchaser  of  timber  on  sixteenth  section  land  from  the  lessee, 
who  paid  taxes  for  the  timber  and  subsequently  purchased  it  from  the 
board  of  supervisors,  was  the  owner  of  such  timber,  notwithstanding 
sale  of  the  leasehold  interest  for  taxes.  Caston  v.  Pine  Lumber  Co., 
110  Miss.  165,  69  So.  668. 

CHAPTER  229. 

LAWS  1916. 
Sec.  7513  Hemingway's  Code. 

4703.  How  funds  loaned  and  secured. — That  funds  arising 
from  the  disposition  of  the  sixteenth  sections  now  on  hand, 
and  all  such  as  shall  accrue,  together  with  all  unexpended 
balances  of  annual  rentals  which  shall  accumulate,  shall  be 
loaned  out  for  terms  not  exceeding  five  years,  to  be  fixed  by 
the  board  of  supervisors,  and  at  a  rate  of  interest  not  less 
than  six  per  centum,  to  be  likewise  fixed,  the  borrower  in  all 
eeses  securing  the  same  by  a  first  trust  deed  upon  improved 
real  estate,  duly  filed  and  recorded;  but  a  loan  shall  not  be 
made  until  after  the  borrower  shall  have  furnished,  at  his  own 
expense,  a  complete  abstract  of  title  to  the  land  offered  as 
security  for  such  loan,  and  that  the  certificate  of  the  attorney 
for  the  board  of  supervisors  or  some  reputable  attorney  satis- 
factory to  the  board  of  supervisors,  be  attached  to  said  ab- 
stract, setting  forth  that  in  his  opinion  the  reputed  owner  has 
a  perfect  title  to  said  land  and  that  a  trust  deed  executed 
properly  will  be  a  first  lien  thereon.  Provided,  however,  in 
all  cases  that  the  board  of  supervisors  or  a  committee  there- 
from shall  have  first  inspected  the  proposed  security  and  ap- 
praised same  at  an  amount  double  the  value  of  the  proposed 


126  SIXTEENTH  SECTIONS 

loan,  that  is  to  say,  no  loan  shall  be  made  for  a  greater  amount 
than  one-half  of  the  actual  value  of  the  land,  to  be  deter- 
mined by  appraisement  by  the  board  of  supervisors,  or  its 
committee,  and  said  appraisement  to  be  reported  in  writing 
and  said  report  recorded  on  the  minutes  of  the  board  of 
supervisors.  When  said  loan  is  made  the  recorded  trust  deed 
and  the  abstract  of  title  shall  'be  turned  over  to  and  held  by 
the  county  treasurer  or  county  depository  in  which  the  funds 
from  which  the  loan  made  are  deposited.  But  the  board  of 
supervisors  shall  have  the  authority  to  lend  such  funds  to  the 
board  of  trustees  of  any  agricultural  high  school  in  the  county 
at  a  rate  of  interest  heretofore  provided  for  a  term  not  ex- 
ceeding twenty  (20)  years,  for  the  erection,  equipment  or  re- 
pair of  county  agricultural  high  schools.  The  board  of  super- 
visors in  any  county  in  which  sixteenth  section  school  funds 
shall  have  been  loaned  to  the  board  of  trustees  of  agricultural 
high  schools  levy  annually  when  other  taxes  are  levied  a 
special  tax  to  be  used  exclusively  in  paying  the  interest  on 
such  loans  and  in  providing  a  sinking  fund  for  their  redemp- 
tion. If  any  funds  shall  be  loaned  or  invested  in  any  other 
manner,  each  officer  concerned  in  making  such  loan  and  in- 
vestment or  suffering  the  same  to  be  made,  in  violation  of  the 
provisions  of  this  section,  shall  be  liable  personally  and  on 
his  official  bond  for  the  safety  of  the  funds  so  loaned. 

CHAPTER  142. 

LAWS  1916. 
Sec.  7514  Hemingway's  Code. 

Counties    may    purchase,    hold  and   dispose   of  securities 
pledged  for  loans  from  the  sixteenth  section  funds. — 1.  The 

board  of  supervisors  of  the  respective  counties  in  the  State 
of  Mississippi,  are  hereby  authorized  to  purchase  any  real 
property  or  other  security  pledged  to  any  county  to  secure 
loans  from  the  sixteenth  section  funds  of  any  county,  at  any 
sale  resulting  from  the  default  in  the  payment  of  the  interest 
or  principal  of  any  loan  or  any  part  thereof,  providing  no 
other  bid  or  offer  is  made  at  such  sale  for  an  amount  equal 
to  the  total  amount  of  principal,  interest  and  all  cost  of  such 
sale,  and  the  party  so  making  such  sale  is  authorized  to  ex- 
ecute the  proper  deed  of  conveyance  for  said  property  to  the 
county  so  purchasing  at  such  sale,  said  property  or  security 
to  be  held  by  said  county  for  the  use  of  sixteenth  section 
funds  from  which  the  loan  or  loans  on  said  security  were 
made;  and  the  board  of  supervisors  of  the  county  are  hereby 
authorized  to  sell,  rent  or  lease  said  property  or  security 
either  at  private  or  public  sale,  as  the  board  of  supervisors 


SIXTEENTH  SECTIONS  127 

shall  deem  for  the  best  interest  of  said  sixteenth  section  funds, 
such  sale  or  leases  to  be  made  for  either  a  cash  consideration 
or  part  cash  and  balance  in  deferred  payments,  in  the  discre- 
tion of  said  board,  any  balance  in  deferred  payments  not  to 
exceed  two  years  from  date  of  sale  by  said  board,  and  the 
county  shall  have  a  lien  on  same  for  purchase-money  as 
against  all  persons  until  paid. 

The  deed  of  conveyance  in  such  cases  shall  be  executed 
in  the  name  of  the  county  by  the  president  of  the  board  of 
supervisors,  pursuant  to  an  order  of  the  board  entered  on  its 
minutes.  The  proceeds  of  all  such  sales,  rents  or  leases  shall 
be  paid  to  the  proper  sixteenth  section  funds  from  which  the 
loan  originated,  and  for  which  the  security  so  sold  was 
pledged. 

CHAPTER  144. 

LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  section  4704  of  the  code  of  1906  be  and  the 
same  is  hereby  amended  so  as  to  read  as  follows: 

How  school  funds  used. — The  available  township  school 
funds  may  be  appropriated  for  the  building  and  repair  of 
school  houses  and  the  purchase  of  furniture  for  the  same  and 
all  necessary  school  supplies  other  than  books,  for  the  supply 
of  water  and  fuel,  and  for  the  payment  of  teachers,  both  by 
supplementing  the  salaries  of  teachers  during  the  public  term 
and  the  payment  of  salaries  after  the  common  school  term 
shall  expire,  and  for  clearing  land,  building  improvements 
on,  and  draining  any  16th  section  lands  of  the  township  to 
which  said  available  funds  may  belong.  And  in  cases  where 
children  in  adjoining  townships  having  available  school  funds, 
attend  the  same  school,  the  trustees  of  each  township  shall 
make  a  list  of  the  educable  children  attending  such  school 
from  each  township  and  file  the  same  during  the  first  month 
of  the  term  with  the  county  superintendent  of  education,  to 
be  used  by  him  in  determining  the  amount  to  be  paid  by  each 
township,  and  all  such  funds  appropriated  to  pay  or  supple- 
ment the  salaries  of  teachers  shall  be  paid  out  on  certificate 
of  the  county  superintendent  of  education,  and  he  shall  in- 
dicate on  each  certificate,  the  township  to  which  the  same 
shall  be  charged,  provided,  that  whenever  available  township 
funds  shall  be  used  for  the  building  and  repair  of  school- 
houses  and  the  purchase  of  furniture  and  supplies  and  the  im- 
provement of  lands,  as  provided  in  this  section,  the  same  shall 
be  paid  out  on  allowance  of  the  board  of  supervisors.  And 
the  trustees  of  any  township  having  sixteenth  section  lands  to 


128  SIXTEENTH  SECTIONS 

lease,  may,  with  the  approval  of  the  board  of  suffttegors. 
borrow  money  to  build  or  make  additions  to  publl<f «2R)ol 
buildings  of  the  township,  and  may  pledge  the  rentsj  arising 
from  or  to  be  derived  from  the  leasing  of  any  sixteenth  land* 
in  the  township  for  the  payment  of  the  said  money  so  bor- 
rowed. The  money  to  be  borrowed,  and  the  interest  thereon 
not  to  exceed  the  amount  of  the  rent  to  be  received  from  tht 
leasing  of  the  sixteenth  section  for  six  years,  provided,  that 
any  money  so  borrowed  shall  not  be  borrowe^  for  a  greater 
rate  of  interest  than  six  per  cent  per  annum.  . 

Sec.  2.     That  this  act  take  effect  and  be  tfi  force  from  and 
after  its  passage. 

CODE  1906. 


rrc 

V 


Sec.  7016  Hemingway's  Cocfc. 

4705.  Trustees  of  townships — They  may  determine  how  to 
use. — The  board  of  supervisors  shall  annually  appoint  three 
trustees  for  each  township  in  their  respective  counties  having 
school  lands  or  funds,  or  which  ought  to  have  such  lands  or 
funds;   and  the  trustees  shall  recommend  to  the  boards   of 
supervisors  the  lawful  purposes  for  which  the  available  school 
funds  of  their  township  ought  to  be  appropriated,  and  tht 
same  shall  be  appropriated  accordingly. 

Sec.  7517  Hemingway's  Cod«. 

4706.  How  lands  not  in  cities  leased. — It  is  the  duty  of  tht 
superintendent   of   education   of   each   county,   with   the    ap- 
proval of  the  board  of  supervisors  and  upon  consent  being 
obtained  as  provided  in  section  6667,  to  lease  the  sixteentk 
section  lands  subject  to  lease' and  not  situated  in  a  city,  town, 
or  village,  by  public  or  private  contract,  as  the  board  shall 
direct,  and  for  the  term  it  shall  direct ;  and  he  shall  take  tht 
notes  for  the  rent  and  turn  them  over  to  the  county  treasu- 
rer and  attend  to  their  collection.     The  county  shall  have  all 
the  rights  and  remedies  for  the   security  and   collection   of 
such  rent  given  by  law  to  agricultural  landlords. 

Sec.  7518  Hemingway's  Code. 

4707.  How  lands  in  cities  leased. — When  any  of  such  lands 
are  situated  in  a  city,'  town,  or  village,  and  the  same  are  or 
become  subject  to  leap,  the  board  of  supervisors  shall  appoint 
three  disinterested  freeholders  of  the  county  to  be  appraisers, 
whose  duty  it  shall;  be  to  appraise  and  report  to  the  board 
the  actual  annual  rental  value  of  each  lot  or  parcel  thereof, 
with   the   improvements,   if   any,   for   a  term   of  twenty-fivt 
years.     The  board  shall  determine  whether  the  same  be  tht 
reasonable  value  thereof,  subject  to  appeal  to  the  circuit  «ou»t 
by  any  person  interested,  on  behalf  of  the  township. 


SIXTEENTH  SECTIONS  129 

Sec.  7519  Hemingway's  Code. 

4708.  Appeal  and  further  proceedings. — The  circuit  court, 
on  appeal,  which  shall  be  granted  by  the  board  of  supervi- 
sors on  application  in  writing  and  the  execution  of  a  bond 
conditioned  to  pay  the  costs  unless  the  rent  shall  be  increased, 
may  determine  whether  the  appraisement  be  reasonable,  and 
may  hear  proof  and  fix  the  reasonable  rental  value  thereof, 
by  the  verdict  of  a  jury  or  otherwise.    When  the  rental  value 
shall  be  finally  fixed,  the  bona  fide  leaseholder  of  the  expired 
or  unexpired  term,  if  any  such  there  be,  shall  have  the  pref- 
erence to  take  the  land  and  improvements,  if  any,  for  the 
term  of  twenty-five  years,  at  the  annual  rental  so  fixed;  and 
the   superintendent   of   education   shall   see   that  the   proper 
lease  be  executed  in  duplicate,  duly  recorded,  and  one  part 
delivered  to  the  county  treasurer;  and,  if  the  last  leaseholder 
do  not  within  ten  days  execute  the  lease,  the  superintendent 
may  lease  the  same  on  the  terms  fixed  to  the  person  who  will 
apply  within  thirty  days,  and  he  may  do  the  same  if  there  be 
no  former  leaseholder;  but,  if  some  person  do  not  so  apply 
and  execute  the  proper  lease,  he  shall  lease  the  same  for  one 
year,  and  continue  to  so  lease  it  unless  some  person  within 
ten  years  of  the  date  of  fixing  the  value,  shall  execute  a  lease 
of  the  same  for  the  remainder  of  the  term  of  twenty-five  years 
at  the  rental  so  fixed.    At  the  expiration  of  ten  years,  where 
some  person  has  not  taken  the  term,  or  if  the  term  be  taken 
and  expire,  appraisers  shall  again  be  appointed  and  the  like 
proceedings  had. 

Sec.  7520  Hemingway's  Code. 

4709.  Whether  subject  to  lease  determined. — The  chancery 
courts  have  jurisdiction  to  determine,  on  bill  or  petition,  what 
lands  are  or  may  be  subject  to  lease  under  the  provisions  of 
this  chapter;  but  all  sixteenth  sections,  or  lands  taken  in  lieu 
thereof,  are  presumed  to  be  so  subject,  unless'  the  contrary 
be  clearly  shown. 

CHAPTER  252. 

LAWS  1914. 
Sec.  7521  Hemingway's  Code. 

4710.  Township  divided  by  county  line. — Where  a  town- 
ship is  divided  so  that  parts  are  situated  in  different  counties, 
the  county  in  which  the  section  or  lands  in  lieu  thereof  may 
be  situated,  shall  have  jurisdiction  thereof,  and  of  the  funds 
derived  from  it ;  and  if  the  section  or  lands  in  lieu  thereof  be 
in  several  counties,  each  county  has  jurisdiction  of  the  part 
lying  in  it,  or  the  counties  may  co-operate  in  the  management 
thereof;  but  in  any  case  the  fund  shall  be  accounted  therefor 
with  each  county  according  to  the  number  of  educable  chil- 


130  SIXTEENTH  SECTIONS 

dren  in  the  part  of  the  township  in  it  as  compared  with  the 
whole  number  in  the  township.  And  any  county  now  having 
and  hereafter  receiving  or  collecting  funds  belonging  to  an- 
other county  shall  immediately  thereafter  pay  over  such 
funds,  transfer  and  assign  all  notes,  deeds  of  trust  and  securi- 
ty for  funds  loaned  Out  to  the  treasury  of  the  county  entitled 
thereto. 

CODE  1906. 

Sec.  7522  Hemingway's  Code. 

4711.  Consent  of  inhabitants  to  leases. — The  consent  of  the 
inhabitants  of  a  township  to  the  leasing  of  the  sixteenth  sec- 
tion lands  shall  be  obtained  by  the  township  trustees  in  the 
following  manner:    They  shall  give  notice  by  posting  in  three 
or  more  public  places  in  the  township  for  at  least  five  days, 
and  call  a  meeting  of  the  heads  of  families  in  the  township, 
to  be  held  at  a  conveniently  located  school  house  therein,  on  a 
Saturday  to  be  named  in  the  notice.     On  the  day  named  the 
trustees  shall  attend,  organize  the  meeting,  and  take  the  sense 
thereof  as  to  whether  the  lands  shall  be  leased  for  a  term  of 
years.    Unless  the  inhabitants  thus  consent,  the  lands  shall 
not  be  leased  for  a  longer  term  than  one  year.     The  consent, 
or  refusal  of  consent,  shall  be  certified  to  the  board  of  super- 
visors at  its  next  or  a  subsequent  meeting,  by  the  trustees, 
under  oath;  and  the  certificate  of  the  trustees  shall  be  con- 
clusive of  the  facts  stated  therein  three  months  after  the  ad- 
journment of  the  meeting  at  which  the  certificate  shall  be 
spread  upon  the  minutes  of  the  board. 

Sec.  7523  Hemingway's  Code. 

4712.  Certain  lands   in  lieu   of. — The   land   commissioner 
shall  ascertain  the  townships  entitled  to  participate  in  the  dis- 
tribution of  the  thirty  thousand  eight  hundred  and  twenty- 
nine  and  sixteen  one-hundredths  acres  of  land  in  Hancock 
county  received  in  lieu  of  sixteenth  sections,   and  he  shall, 
with  the  aid  of  the  governor  and  attorney-general,  allot  the 
land  ratably  to  the  proper  townships  of  the  several  counties, 
and  notify  the  board  of  supervisors    of   the    allotment;    and 
thereafter  the  land  shall  be  dealt  with  in  all  respects  as  other 
sixteenth  section  lands,  notwithstanding  their  location  outside 
of  the  counties  interested.     If  any  of  said  lands  be  found  to 
be  in  Pearl  River  county,  they  shall  likewise  be  so  allotted. 

Sec.  7524  Hemingway's  Code. 

4713.  Expenses. — All  expenses  incurred  by  the  boards  of 
supervisors  in  the  performance  of  their  duties  under  the  pro- 
visions .of  this  chapter  shall  be  paid  out  of  the  proper  sixteenth 
section  funds;  but  if  there  be  no  such  funds,  then  out  of  the 
county  treasury. 


SIXTEENTH  SECTIONS  131 

Sec.  7525  Hemingway's  Code. 

4714.  Sixteenth  section  or  school  lands — Lease  may  be  con- 
firmed  and  quieted. — Any  person  holding  or  claiming  any  six- 
teenth section  or  school  land,  under  a  lease  heretofore  made 
by  the  board  of  supervisors,  or  by  their  authority  or  direc- 
tion, may  proceed  by  bill  in  the  chancery  court  to  have  such 
lease  confirmed  and  quieted.    He  shall  set  forth  in  his  bill  his 
claim  or  title  under  the  lease  which  he  asks  to  have  confirmed, 
the  date  of  such  lease,  to  whom  made,  the  consideration  and 
the  amount  paid  and  to  be  paid,  if  any.     The  president  of  the 
board  of  supervisors  of  the  county  in  which  suit  is  filed  and 
in  which  the  land  may  be  located  shall  be  made  a  party  de- 
fendant, and  process  shall  be  served  on  him  as  in  other  cases 
in  chancery.     Such  suits  shall  be  brought  in  the  county  in 
which  the  sixteenth  section  or  some  part  thereof  is  located, 
and  shall  be  proceeded  with  as  in  other  cases  in  chancery, 
except  that  the  bill  shall  not  be  taken  as  confessed;  and  it 
shall  be  competent  for  the  court  to  hear  and  consider  evidence 
aliunde  the  records  of  the  board  of  supervisors  as  to  whether 
the   lease    sought   to    be    confirmed   was    legally   made,    and 
whether  the  complainant  is  entitled  to  relief.     If  it  be  clearly 
proven  that  the  requirements  of  law  regulating  such  leases 
were  complied  with,  the  proper  relief  shall  be  granted  even 
though  the  records  contain  no  such  affirmative  showing.   The 
party  claiming  title  under  such  lease  shall  be  entitled  to  the 
benefits  of  this  section  whether  the  suit  be  filed  by  him  or  by 
the  county,  as  required  by  this  chapter. 

Sec.  7526  Hemingway's  Code. 

4715.  Decree  of  confirmation   to    be   issued. — Should   the 
court  be  of  the  opinion  that  the  complainant  is  entitled  to 
relief,  it  shall  decree  a  confirmation  of  the  lease  under  which 
complainant   claims,  fix  the   date   of  its   commencement  and 
termination,  and  such  decree  shall  vest  in  the  complainant  a 
good  and  perfect  title  to  the  term  of  the  lease  for  the  time 
fixed  in  such  decree ;  but  nothing  in  this  or  the  preceding  sec- 
tion shall  be  construed  as  releasing  any  person  from  the  pay- 
ment in  full  of  any  balance  that  may  be  due  on  any  lease, 
under  which  he  may  claim  or  hold  any  or  all  of  such  sixteenth 
section  or  school  land,  but  he  must  either  pay  or  tender  in 
court  any  balance  that  may  be  due  as  aforesaid  before  the 
relief  prayed  for  jshall  be  granted. 

CHAPTER  275. 

LAWS  1914. 
Sec.  7527  Hemingway's  Code. 

4716.  If   lease   illegally   made   court   may   have   account 
stated. — Should  it  appear  to  the  court  that  the  lease  under 


132  SIXTEENTH  SECTIONS 

which,  complainant  holds  or  claims  title  was  illegally  made  and 
void,  then  the  court  may  proceed  to  have  an  account  stated 
of  the  amount  of  money,  principal  and  interest,  which  has 
actually  been  paid  in  consideration  for  such  lease  by  the  com- 
plainant and  those  under  whom  he  may  claim,  and  an  account 
of  the  rents,  issues  and  profits  arising  from  said  land,  less  the 
cost  of  any  necessary,  permanent,  valuable  and  not  ornamen- 
tal improvements  made  upon  said  lands,  and  may  decree  any 
excess  of  money  paid,  and  interest  and  costs  of  improvements 
over  the  rents,  issues  and  profits  to  complainant,  and  such 
decree  shall  be  a  lien  upon  the  rents,  issues  and  profits  ac- 
crued, or  to  accrue,  from  the  particular  sixteenth  section  in- 
volved in  such  suit  until  the  same  is  fully  paid  and  satisfied, 
and  upon  the  rendition  of  such  decree  the  clerk  of  the  board 
of  supervisors  shall  issue  a  warrant  for  the  amount  decreed 
to  be  paid  to  the  complainant  against  the  funds  of  such  six- 
teenth section,  and  the  same  shall  be  paid  out  of  the  first 
available  money  to  the  credit  of  such  fund.  Any  excess  in  the 
amounts  of  the  rents,  issues  and  profits,  after  deducting  the 
cpst  of  improvements  and  amount  paid  by  complainant,  shall 
be  decreed  against  him,  together  with  a  writ  of  possession  in 
favor  of  the  defendant.  All  court  costs  in  suits  brought  un- 
der section  4714  of  this  chapter  shall  be  paid  by  the  party  or 
parties  seeking  relief  under  the  provisions  hereof. 

Code  1906. 

Code  1906,  §§  4695-4716,  confer  on  the  counties  all  powers  necessary 
to  carry  out  the  purpose  of  the  grant  of  jurisdiction  and  control,  and 
a  county  may  sue  for  waste  committed  in  cutting  timber  from  a  six- 
teenth section.  Jefferson  Davis  County  v.  James-Sumrall  Lumber  Co., 
94  Miss.  530,  49  So.  611. 

Code  1906,  §§  4695-4716,  is  within  the  power  of  the  state  and  is  not 
a  delegation  of  power  within  the  rule  prohibiting  the  delegation  of 
power,  for  a  "county"  is  a  mere  political  subdivision  of  the  state, 
created  to  act  for  the  state  in  local  matters,  and  the  state,  in  thus 
dealing  with  the  sixteenth  section  of  land,  acts  through  a  govern- 
mental agency.  Jefferson  Davis  County  v.  James-Sumrall  Lumber  Co., 
94  Miss.  530,  49  So.  611. 

CHAPTER  177. 
LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  chapter  140  of  the  laws  of  1916  be  amended 
to  read  as  follows:  That  the  board  of  supervisors  of  the 
counties  in  the  state  of  Mississippi  that  are  entitled  to  par- 
ticipate in  the  distribution  of  the  thirty  thousand,  eight  hun- 
dred and  twenty-nine  and  16-100,  (30,829.16)  acres  of  land  in 
Hancock  county,  in  said  state  received  in  lieu  of  sixteenth  sec- 
tions, be,  and  they  are  hereby  required  to  employ  and  contract 
with  one  or  more  competent  persons  to  go  upon  said  lands  and 


SIXTEENTH  SECTIONS  133 

examine  and  inspect  the  same,  and  to  divide  and  allot  and 
assign  to  each  county  interested  therein,  the  lands  of  such 
county  in  severalty  by  proper  description,  so  that  the  land 
belonging  to  any  county  can  be  easily  located  and  identified. 
Such  person  or  persons  so  employed  and  contracted  with, 
shall  furnish  the  said  county  a  map  or  plat  showing  by 
specific  and  sufficient  description  the  particular  lands  allotted 
and  assigned  to  such  county  as  approved  by  the  attorney  gen- 
eral as  hereinafter  provided.  And  where  more  than  one  town- 
ship in  a  county  is  interested  in  said  lands  in  Hancock  county, 
such  person  or  persons  shall  furnish  to  the  county  a  map  or 
plat  showing  by  specific  and  sufficient  description  the  particu- 
lar lands  allotted  and  assigned  to  each  township  in  such 
county. 

Sec.  2.  That  the  person  or  persons  so  employed  and  con- 
tracted with,  shall  take  an  oath  to  honestly,  faithfully  and 
impartially  make  the  division,  allotment,  assignment  and 
description  directed  to  be  made,  and  otherwise  'perform  the 
duties  required  of  them  under  this  act,  to  the  best  of  his  or 
their  skill,  knowledge  and  judgment,  and  such  person  and  if 
more  than  one,  then  each  of  them  shall  enter  into  bond  with 
good  and  sufficient  sureties  to  be  filed  and  approved  by  the 
attorney  general  of  the  state,  payable  jointly  to  all  counties 
contracted  with,  by  such  party  or  parties,  in  the  sum  of  two 
thousand  dollars,  ($2,000.00)  conditioned  that  he  or  they  will 
make  the  partition  and  division  and  allotment  and  assignment 
in  accordance  with  law  and  this  act,  within  twelve  months 
from  the  date  of  the  approval  of  the  bond. 

Sec.  3.  That  the  expenses  incurred  by  the  several  boards 
of  supervisors  or  the  attorney  general  under  this  act  shall 
be  paid  out  of  the  sixteenth  section  funds  of  the  township  in 
said  counties  interested  in  said  lands  in  Hancock  county,  if 
the  boards  of  supervisors  can  not  pay  from  such  funds,  then 
such  payment  shall  be  made  out  of  the  general  county  fund 
of  the  several  counties.  But  such  expense  shall  not  exceed  in 
the  aggregate  twenty-two  cents  an  acre. 

Sec.  4.  Should  any  county  entitled  to  participate  in  the 
division  of  the  lieu  lands  situated  in  Hancock  county  fail  to 
make  contract  for  its  proper  division,  allotment,  assignment 
and  description  within  eight  months  after  the  passage  of  this 
act,  the  attorney  general  of  the  state  is  authorized  and  em- 
powered on  behalf  of  such  county  to  contract  with  such  party 
or  parties  having  the  largest  amount  of  contracts  from  the 
counties  entitled  to  participate  in  the  lieu  lands,  for  and  on 
behalf  of  the  county  or  counties  so  failing  to  act. 

Sec.  5.  All  counties  failing  to  make  proper  arrangements 
for  the  allotment,  division,  assignment  and  description  of  the 


134  SIXTEENTH  SECTIONS 

lieu  lands  as  provided  for  herein  shall  be  liable  to  the  party 
contracted  with  by  the  attorney  general,  and  after  the  work 
is  completed  and  approved,  as  herein  provided,  the  party  or 
parties  may  maintain  action  against  the  county  to  recover  the 
amount  due  him  or  them  on  such  contract  made  by  the  board 
of  supervisors  or  the  attorney  general. 

Sec.  6.  The  party  or  parties  making  the  allotment,  division, 
partition  and  assignment  of  the  lieu  lands  herein,  shall  submit 
same  to  attorney  general  for  his  approval  and  shall  file  with 
the  land  office  the  plat  or  map  or  other  documents  as  ap- 
proved by  the  attorney,  general,  a  copy  of  which  he  or  they 
shall  send  to  each  county  whose  land  was  alloted,  divided,  as- 
signed and  described. 

Sec.  7.  Upon  the  approval  of  the  division,  allotment  and 
description  by  the  attorney  general  as  filed  in  the  land  office, 
the  titles  to  such  lands  by  each  township  shall  vest  and  belong 
to  the  township,  as  therein  divided,  alloted  and  described. 

Sec.  8.  Should  any  of  these  lieu  lands  now  be  located  in 
Pearl  River  county  because  of  change  in  county  line  between 
Hancock  and  Pearl  River  county,  this  act  shall  apply  to  the 
said  lieu  lands  in  the  same  manner  as  those  located  in  Han- 
cock county. 

Sec.  9.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

CHAPTER  140. 

LAWS  1916. 
Sec.  7529  Hemingway's  Code. 

Oath  and  bond  required  of  persons  employed  to  make  allot- 
ment.— 2.  That  the  person  or  persons  so  employed  and  contract- 
ed with  shall  take  an  oath  to  honestly,  faithfully  and  impartially 
make  the  partition  and  division,  the  allotment  and  assignment 
directed  to  be  made,  and  otherwise  to  perform  the  duties  re- 
quired of  them  under  this  act  to  the  best  of  his  or  their  skill, 
knowledge  and  judgment.  And  such  person,  and  if  more  than 
one,  then  each  of  them,  shall  enter  into  bond  with  good  and 
sufficient  sureties  to  be  approved  by  the  board  of  supervisors 
of  the  county,  or  the  president  of  the  board  of  supervisors 
of  the  county,  payable  to  each  county  so  employing  and  con- 
tracting with  him  or  them  in  a  penalty  of  one  thousand  dol- 
lars ($1,000.00),  conditioned  that  he  or  they  will  make  a  par- 
tition and  division  and  allotment  and  assignment  in  accord- 
ance with  law  and  this  legislative  act,  within  twelve  (12) 
months  from  the  date  of  the  contract  of  employment. 
Chap.  140,  Laws  1916.  Sec.  7530  Hemingway's  Code. 

Expense  of  distribution — How  made. — 3.  That  the  expenses 
incurred  by  the  several  boards  of  supervisors  under  this  act 


SIXTEENTH  SECTIONS  135 

shall  be  paid  out  of  the  sixteenth  section  funds  of  the  town- 
ships in  said  counties  interested  in  said  lands  in  Hancock  coun- 
ty, if  there  be  such  funds ;  and  if  there  be  no  such  funds,  then 
such  payment  shall  be  made  out  of  the  general  county  fund 
of  the  several  counties. 

CHAPTER  252. 

LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  every  person  whose  ninety-nine  year  lease 
to  sixteenth  section  school  lands  in  this  state  shall  hereafter 
expire  shall  be  entitled  to  a  credit  for  all  permanent  improve- 
ments hereafter  put  on  said  land. 

Sec.  2.  The  value  ^of  such  improvements  shall  be  ascer- 
tained and  fixed  by  the  board  of  supervisors  with  the  right  of 
appeal  to  the  circuit  court  by  any  such  bssee  or  by  any  person 
interested  on  behalf  of  the  township. 

Sec.  3.  The  lessee  shall  not  be  entitled  to  any  such  pay- 
ment in  cash  by  the  board  of  supervisors,  but  shall  be  entitled 
to  have  the  value  of  such  improvements  applied  as  a  credit 
on  any  new  lease  which  he  may  make  with  the  board  of  sup- 
ervisors for  the  land  on  which  such  improvements  are 
situated. 

Sec.  4.    This  act  shall  take  effect  and  be  in  force  from  and 
after  the  date  of  its  passage. 

CHAPTER  249. 

LAWS  1918. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  it  shall  be  the  duty  of  the  county  superin- 
tendent of  education  to  collect  all  rents  due  for  the  lease  of 
sixteenth  section  school  lands,  and  all  interest  and  principal 
due  on  loans  made  out  of  the  sixteenth  section  school  funds 
of  his  county,  and  to  account  for  the  same  to  the  board  of 
supervisors.  That  the  board  of  supervisors  shall  turn  all 
such  funds  over  to  the  county  treasurer,  taking  the  unusual 
vouchers  therefor,  and  see  that  funds. of  each  sixteenth  sec- 
tion is  properly  credited  to  it;  provided  that  all  evidences  of 
indebetedness  shall  include  a  provision  for  the  payment  of 
ten  per  cent  attorney's  fee  in  case  of  default. 

Sec.  2.  Such  superintendent  may  employ  an  attorney  to 
aid  him  in  collecting  any  such  funds  when,  in  his  opinion, 
the  same  is  necessary,  and  pay  for  the  same  out  of  the  funds 
collected,  not  to  exceed,  in  any  case,  ten  per  cent  of  the 
amount  actually  collected. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 


136  ILLITERACY  COMMISSION 


ILLITERACY  COMMISSION. 

CHAPTER  110. 

LAWS  1916. 
Sec.  4922  Hemingway's  Code. 

Creating  a  state  illiteracy  commission. — 1.  There  is  hereby 
created  a  commission  to  be  known  as  "The  Mississippi  Illit- 
eracy Commission,"  which  shall  be  composed  of  five  persons, 
both  men  and  women,  including  the  state  superintendent  of 
education,  who  shall  be  ex  officio  a  member  thereof.  The 
commissioners  shall  be  appointed  by  the  state  superintendent 
of  education  and  shall  be  selected  for  their  fitness,  ability  and 
experience  in  matters  of  education,  and  their  acquaintance 
with  the  conditions  of  illiteracy  in  the  State  of  Mississippi 
and  its  various  communities. 

Chap.  110,  Laws  1916.  Sec.  4923  Hemingway's  Code. 

Commission  made  a  body  corporate— Officers  of  same.— 2. 

That  the  members  of  the  commission  shall  be  and  are  hereby 
constituted  a  body  corporate  with  all  the  powers  necessary 
to  carry  into  effect  all  the  purposes  of  this  act.  The  com- 
missioners, after  their  appointment  and  qualifications,  shall 
organize  by  electing  from  their  membership  a  president  and  a 
secretary-treasurer.  The  secretary-treasurer  shall  execute  a 
bond  to  the  state  of  Mississippi  in  a  reputable  bonding  com- 
pany and  in  such  an  amount  as  the  commission  may  approve, 
for  the  faithful  performance  of  the  duties  of  his  office  and  for 
the  proper  handling  and  accounting  of  all  properties  and 
moneys  which  may  come  into  his  hands  by  virtue  of  his  of- 
fice; provided,  that  the  secretary-treasurer  may  be  Removed 
by  the  commission  and  a  successor  appointed  by  the  commis- 
sion, in  its  discretion. 

Chap.  110,  Laws  1916.  Sec.  4924  Hemingway's  Code. 

Collection  of  data  as  to  adult  illiteracy. — 3.  That  it  shall  be 
the  duty  of  the  commission  and  it  shall  have  the  power  to 
make  research,  collect  data,  and  procure  the  services  of  any 
and  all  communities  of  the  state  looking  to  the  obtaining  of  a 
more  detailed  and  definite  knowledge  as  to  the  true  condi- 
tions of  the  state  in  regard  to  its  adult  illiteracy,  and  report 
regularly  the  results  of  its  labors  to  the  governor,  and  to 
perform  any  other  act  which  in  its  discretion  will  contribute 
to  the  elimination  of  the  state's  adult  illiteracy  by  means  of 
the  education  and  enlightenment  of  illiterate  persons  in  the 
state  of  Mississippi;  and  the  commission  shall  expend  any 


ILLITERACY  COMMISSION  137 

funds  or  use  anything  of  value  it  may  receive  in  accordance 
with  such  regulations  as  it  may  from  time  to  time  adopt; 
provided,  however,  that  any  or  all  funds  which  may  come  into 
the  hands  of  the  commission  shall  be  expended  in  keeping 
with  the  general  purposes  of  this  act. 

Chap.  110,  Laws  1916.  Sec.  4925  Hemingway's  Code. 

Commission  may  adopt  its  own  rules. — 4.  That  the  commis- 
sion shall  adopt  such  rules  and  regulations  as  may  seem  ex- 
pedient for  carrying  on  its  business  in  a  manner  which  shall 
seem  to  it  most  satisfactory. 

Chap.  110,  Laws  1916.  Sec.  4926  Hemingway's  Code. 

Members  to  receive  their  expenses  only. — 5.  That  the  mem- 
bers of  this  commission  shall  receive  no  compensation  for  their 
services  nor  expenses  of  any  kind  out  of  the  state  treasury, 
but  they  shall  be  reimbursed  out  of  any  funds  which  may 
come  into  the  hands  erf  the  commission  from  other  sources 
for  the  use  of  the  commission  for  their  actual  traveling .  and 
other  necessary  expenses  incurred  in  the  performance  of  their 

duty. 

Sec.  4927  Hemingway's  Code. 

No  appropriation  to  be  made. — 6.  That  no  appropriation 
shall  be  made  in  aid  of  the  commission  created  in  section  1 
of  this  act  from  any  state  fund. 


HOLIDAYS. 

CHAPTER  125. 

LAWS  1916. 
Sec.  2043  Hemingway's  Code. 

That  after  the  issuance  of  a  proclamation  by  the  governor 
in  any  year  hereinafter  designating  a  day  to  be  observed  as 
Thanksgiving  day,  that  all  the  public  schools  taught  in  the 
state  shall  observe  the  day  as  Thanksgiving  day,  and  it  shall  be 
declared  a  legal  holiday  for  all  public  schools,  and  no  session 
shall  be  held  during  that  day. 
Chap.  125,  Laws  1916.  Sec.  2044  Hemingway's  Code. 

That  the  observance  of  the  day  by  the  teachers  of  public 
schools  shall  not  be  deducted  from  their  reports  made  to  tho 
county  superintendents  of  education,  but  that  they  shall  be 
allowed  pay  for  full  time  as  though  they  had  taught  on  this  day. 


APPENDIX 


Trustees  of  separate  school  districts  may  contract  with  teachers 
for  a  period  of  more  than  one  year. 

Jackson,  Miss.,  March  2,  1911. 

Hon.  J.  N.  Powers,  State  Superintendent  of  Education,  Jackson, 
Miss. 

Dear  Sir :  I  have  two  letters  referred  to  this  office  by  you 
for  opinion,  both  asking  whether  or  not  it  is  within  the  power  of 
the  trustees  of  a  separate  school  district  to  contract  with  a  prin- 
cipal, or  other  teacher,  of  a  school  to  teach  more  than  one  year. 

Opinion — The  trustees  of  separate  school  districts  are  five  in 
number,  ''two  being  chosen  each  year  for  two  succeeding  years, 
and  one  being  chosen  the  third  year,  as  vacancies  shall  occur. " 
Their  term  of  office  is  three  years.  Section  4257  of  the  Code  of 
1908.  ' 

Section  4525,  Mississippi  Code  of  1906,  describes  the  powers 
and  duties  of  trustees  of  separate  school  districts.  Among  others, 
they  have  power : 

1 '  To  prescribe  and  enforce  rules,  not  inconsistent  with  law  or 
those  prescribed  by  the  State  Board  of  Education,  for  their  own 
government  and  government  of  schools,  and  to  transact  their 
business  at  regular  or  special  meetings  called  for  such  purpose, 
notice  of  which  shall  be  given  each  member. 

1 '  To  elect  a  superintendent,  if  one  be  required,  and  a  princi- 
pal for  each  of  the  schools,  and  prescribe  their  powers  and  duties. 

"To  elect  teachers,  fix  their  salaries,  terms  of  service,  con- 
tract with  them,  and  impose  fines  and  penalties  for  neglect  of 
duty." 


Y  • 

In  35  Cyc.,  page  1079,  it  is  said : 


In  the  absence  of  a  statutory  provision  limiting,  either  ex- 
pressly or  by  implication,  the  time  for  which  a  contract  for  em- 
ployment of  a  school  teacher  may  be  made,  to  a  period  within 
the  contracting  school  board's,  or  officer's,  term  of  office,  such 
board  or  officers  may  bind  their  successors  in  office  by  employing 
a  teacher  or  superintendent  for  a  period  extending  beyond  their 
term  of  office,  or  for  the  term  of  schools  succeeding  their  term  of 
office,  provided  such  contract  is  made  in  good  faith,  without 
fraud  or  collusion,  and  for  a  reasonable  period  of  time,  and  the 
succeeding  board,  or  officers,  cannot  ignore  such  contract  because 
of  mere  formal  and  technical  defect,  or  abrogate  it  without  a 
valid  reason  therefor." 


APPENDIX  139 

We  have  no  statute  in  this  state  fixing  the  term  of  such 
contracts.  On  the  contrary,  Section  4525,  paragraph  K,  set  out 
above,  specifically  grants  power  to  the  trustees  "to  elect  teachers, 
fix  their  salaries,  terms  of  service,  contract  with  them,  etc. 

It  would  be  a  strained  construction  to  say  that  the  "terms 
of  service "  must  be  fixed  within  limits  of  a  school  year.  My  in- 
formation is  that  teachers  of  separate  school  districts  are  never 
employed  for  terms  less  than  one  full  school  year,  although  some- 
times, perhaps,  the  right  is  reserved  to  terminate  the  contract 
whenever  the  teacher's  services  shall  cease  to  be  satisfactory. 

The  contract  must  be  limited  to  a  reasonable  period.  What  is 
a  reasonable  period  we  are  not  called  upon  to  decide,  nor  could 
we  decide  if  the  question  were  asked  us.  That  would  depend 
upon  the  circumstances  in  each  case  as  they  arise. 

Respectfully, 

S.  S.  HUDSON,  Attorney  General. 
By  CARL  FOX,  Assistant  Attorney  General. 

Taxes — Separate  School  District — Limitations  placed  on  taxation 
by  municipalities  under  Section  3430,  Code  1906,  not  appli- 
cable to  municipalities  as  separate  school  districts.  Chapter 
186,  Laws  1916,  construed. 

August  14,  1916. 

Hon.  W.  H.  Smith,  Superintendent  of  Education,  Jackson,  Mis- 
sissippi : 

Dear  Sir: 

In  re  Chapter  186,  Laws  1916. 

I  am  in  receipt  of  yours  of  recent  date  which  reads  as 
follows : 

"House  Bill  No.  161  (Chapter  186)  Acts  of  1916,  repeals  aU 
former  laws  pertaining  to  operating  and  financing  municipal  and 
rural  separate  school  districts.  Section  4  of  this  act  provides  the 
manner  of  levying  and  collecting  taxes  for  municipal  separate 
school  districts.  I  will  ask  that  you  kindly  furnish  an  opinion 
to  Mr.  Walker  Wood,  Winona,  Mississippi,  a  member  of  the 
Board  of  Trustees  of  the  Winona  separate  school  district,  as  to 
whether  the  Board  of  Aldermen  of  a  municipality  would  violate 
Section  3430  of  the  Code  of  1906,  in  raising  the  levy  for  school 
purposes,  if  such  levy  would  increase  the  amount  of  the  levy 
for  all  school  purposes,  or  does  Section  3430,  of  the  Code  of 
1906,  include  school  taxes  in  its  provision?" 


140  APPENDIX 

OPINION. 

A  reference  to  the  school  laws  of  this  state  will  show  that 
separate  provisions  are  made  for  levying  taxes  in  municipal  and 
rural  separate  school  districts,  which  do  not  include  the  powers 
vested  in  municipalities  under  the  Code  chapter  on  municipali- 
ties. Under  Chapter  99  of  the  Code,  it  will  be  seen  that  one  of 
the  powers  conferred  upon  municipalities  is  the  erection  of 
school  buildings  and  aiding  in  the  education  of  the  children 
thereof. 

This  power,'  of  course,  is  incidental  to  its  rights  as  a  mu- 
nicipal corporation.  Section  3317  as  amended  by  Chapter  88  of 
the  Laws  of  1912  fixes  the  amount  of  taxes  which  municipalities 
are  authorized  to  levy  upon  the  property  in  the  municipality  for 
all  purposes.  It  is  true  that  this  chapter  provides  that  cities  of 
5,000  inhabitants  or  over  might  levy  a  tax  not  to  exceed  20  mills 
on  the  dollar  for  a  general  revenue  and  improvements  and  a 
special  school  system  each. 

Section  3430  applies  to  all  municipalities  and  provides  that 
the  Board  of  Aldermen  and  Mayor  should  annually  make  a 
statement  of  the  amount  of  taxes  and  other  moneys  collected  dur- 
ing the  year  and  the  expenditures,  and  prohibits  any  increase 
of  taxation  over  that  of  the  preceding  year  or  incurring  indebt- 
edness over  and  above  that  of  the  preceding  year  and  fixes  the 
punishment  therefor. 

Separate  school  districts  having  municipalities  as  their  head 
are  separate  and  distinct  entities  in  law  from  municipal  corpora- 
tions proper,  and  may  or  may  not  embrace  the  same  territory 
embraced  in  the  municipalities  proper.  Such  municipal  separate 
school  districts  are  authorized  and  created  under  the  procedure 
pointed  out  in  Chapter  125  of  the  Code,  and  amendments  thereto 
for  the  special  purpose  of  administering  free  schools  therein 
solely  and  for  this  purpose  only.  The  management  of  said 
schools  is  vested  in  a  board  of  trustees  elected  by  the  Board  of 
Aldermen,  and  have  their  duties  prescribed  by  law  and  not  by 
the  municipality.  Such  trustees  are  officers  of  the  State  within 
the  meaning  of  the  Constitution. 

Section  4544  of  Chapter  125  of  the  Code,  dealing  with  schools 
as  amended  by  Chapter  101,  Laws  of  1908,  Chapter  142, 
Laws  of  1910,  Chapter  246,  Laws  of  1912,  and  186,  1916,  author- 
ize the  Mayor  and  Board  of  Aldermen  of  the  municipality  con- 
stituting the  separate  school  district  and  the  Board  of  Supervi- 
sors for  unincorporated  separate  school  districts  to  annually  levy 
a  sufficient  tax  to  pay  for  fuel  and  other  necessaries  for  its  public 
schools  to  make  such  levy  of  taxes  as  may  be  necessary  to  main- 
tain the  schools,  etc. 


APPENDIX  141 

Section  4,  of  Chapter  186,  of  the  laws  of  1916,  provides : 

1 1 2.  That  the  Mayor  and  Board  of  Aldermen  of  a  munici- 
pality constituting  a  separate  school  district,  whether  such  dis- 
trict is  composed  alone  of  the  corporate  limits  or  the  corporate 
and  added  territory,  shall  annually  levy  a  tax  on  the  entire  sepa- 
rate district  sufficient  to  pay  for  fuel  and  other  necessaries  of 
the  public  school  of  the  district,  also  for  maintaining  the  schools 
after  the  four  months  term  provided  for  by  the  State,  etc.,  and 
provides  how  the  taxable  property  in  such  separate  school  dis- 
trict shall  be  assessed  and  the  taxes  collected,  etc. ' '  - 

Section  10  of  said  act  gives  to  the  trustees  of  separate  school 
district  custody  of  the  school  property  and  entrusts  to  them  the 
charge  and  management  of  the  erection,  repairing  and  equipping 
of  the  building  of  such  schools. 

It  is  plain  from  the  foregoing  that  in  levying  such  taxes  for 
a  municipal  separate  school  district  upon  all  the  property  there- 
of for  school  purposes  the  Mayor  and  Board  of  Aldermen  act, 
not  as  officers  of  the  municipality,  but  as  the  duly  constituted 
authority  of  the  municipal  separate  school  district  for  the  purpose 
of  maintaining  the  schools  of  such  district  under  powers  clearly 
conferred  upon  them  by  law. 

It  is  also  plain  that  the  Mayor  and  Board  of  Aldermen  act  in 
a  dual  capacity  as  officers  of  the  separate  school  district,  in  one 
case,  and  as  the  constituted  authority  in  the  municipality  in  the 
other.  In  performing  the  functions  of  the  municipality  they 
draw  their  authority  and  power  from  their  charter  or  the  laws 
governing  municipalities;  in  the  other  instance  they  draw  their 
power  and  authority  from  the  general  law  dealing  with  separate 
school  districts. 

I,  therefore,  advise  that  in  my  opinion  the  taxes  levied  by 
the  Mayor  and  Board  of  Aldermen  for  school  purposes  on  the 
property  in  the  municipal  separate  school  districts  is  to  be  de- 
termined by  the  laws  applicable  to  schools,  and  not  by  the  laws 
of  the  municipality  and  that  in  my  opinion  such  levy  of  taxes 
for  such  school  purposes  should  not  be  counted  as  a  part  of  the 
taxes  allowed  by  law  to  be  levied  by  a  municipality  for  the  pur- 
pose of  a  municipality.  Such  taxes  are  separate  and  distinct, 
levied  under  different  powers  and  for  different  purposes. 

Very  truly  yours, 

ROSS  A.  COLLINS,  Attorney  General 
LAMAR  P.  EASTERLING,  Asst.  Attorney  General 


142  APPENDIX 

A  CODE  OF  ETHICS  FOR  MISSISSIPPI  TEACHERS. 

1.  No  teacher  should  lend  his  or  her  name  in  anyway  what- 
soever in  a   situation  which  has   arisen   from   attack  upon   a 
teacher  for  personal  or  political  reasons. 

2.  A  teacher  should  not  sever  a  contract  with  a  school 
board  without  sufficient  notice,  and  then  only  if  to  do  so  is 
in  conformity  with  the  rules  and  regulations  under  which  the 
teacher  entered  into  the  contract.     On  the  contrary  no  teacher 
should  be  displaced  without  timely  warning. 

3.  To  apply  for  a  position  held  by  another  and  not  known 
positively  to  be  vacant  is  a  violation  of  professional  ethics. 
Nor  should  a  teacher  enter  into  negotiations  with  school  author- 
ities regarding  a  position  that  h.as  not  been  formally  and  offi- 
cially declared  vacant.  This,  however,  shall  never  be  construed  as 
precluding  the  right  of  teachers  to  direct  letters  of  inquiry  to 
educational  authorities  as  to  probable  vacancies  in  schools  or 
school  systems.    Advancement  or  a  change  of  position  should  not 
be  sought  through  criticism  of  another  teacher. 

4.  A  situation  may  develop  in  a  community  in  which  no 
ambitious   or   self-respecting   teacher   could   hope   to   succeed. 
Under  such  circumstances  others  in  the  profession  should  inform 
prospective   candidates   of  existing  conditions;   and  it  should 
be  considered  unethical  to  accept  such  a  position  without  a 
change  in  conditions. 

5.  Teachers   should  not  make   special   requests   to   indi- 
vidual members  of  the  school  board.     If  an  unusual  or  extra- 
ordinary condition  should  arise,  a  teacher  may  go  direct  to  the 
board,  but  this  should  be  done  with  the  full  knowledge  of  the 
superintendent  or  principal.     The  practice  of  teachers  going 
direct  to  the  board  with  complaints  or  for  favors  should  be  con- 
demned as  opposed  to  a  professional  spirit  and  a  counter  to 
principles  of  successful  organization  and  management. 

6.  A  superintendent  or  principal  should  regard  himself 
as  in  honor  bound  to  accord  any  teacher  due  consideration  and 
justice,  and  be  prepared  to  give  any  complaint  a  fair  and  im- 
partial hearing.     His  attitude  towards  his  teachers  should  be 
governed  by  the  principle  of  merit  alone. 

7.  That  harmony  and  unity  may  prevail  in  the  work  of 
the  school,  teachers  should  observe  a  respectful  attitude  towards 
each   other  and  to   the  principal  and  superintendent   of  the 
schools.    They  should  not  indulge  in  criticism  of  each  other  or 
of  the  principal  or  superintendent,  excepting  when  the  good 
of  the  school  is  involved,  and  then  only  under  conditions  which 
will  permit  of  defense. 


APPENDIX  143 

8.  It  is  most  unprofessional  and  unethical  for  a  school 
superintendent  or  principal  to  issue  a  testimonial  to  a  teacher 
ascribing  qualifications  which  she  does  not  possess.     In  giving 
a  verbal  or  confidential  estimate  of  a  teacher's  qualifications 
for  a  position,  school  men  should  be  absolutely  frank  with  one 
another   and   altogether   act    without   any   mental   reservation 
whatever. 

9.  It  is  unethical  for  a  teacher  to  recommend  to  any  school 
board  a  teacher  for  a  definite  position  unless  said  position  has 
been  officiallly,  legally  and  conclusively  declared  vacant. 

10.  Bad  opinion  of  the  members  of  the  Board  of  Education, 
of  a  superintendent,  or  other  superior  school  official,  no  matter 
what  the  reason  for  such  opinion,  can  never  justify  a  teacher, 
or  other  inferior  official,  in  public  expression  of  such  opinions 
as  long  as  such  official  relationship  exists.     Those  in  authority 
are  in  turn,  duty  bound  to  withhold  from  the  public  information 
and  opinions  as  to  the  personal  qualifications  or  the  personal 
attainments   of   teachers   so  long   as   said   teachers   are   under 
contract. 

11.  Obtaining  and  securing  positions  by   fawning  upon 
members  of  Boards  of   Education  or  others  in  authority  by 
courting  their  personal  favor,  or  by  doubtful  relations  with  them 
will  be  regarded  as  undignified  and  unethical  by  respectable  and 
self-respecting   teachers.      The    election    of   teachers   to    office 
should  be  based  solely  upon  merit.    No  other  should  be  so  quick 
or  so  zealous  to  insist  upon  elections  under  such  a  system  as 
teachers  themselves. 

12.  In  communicating  with  parents  or  guardians,  teachers 
should  exercise  the  utmost  candor.    They  should  hold  inviolable 
information  as  to  the  financial  limitations  of  children  or  wards, 
their  physical  or  mental  defects,  their  generalogies,  or  any  other 
information  the  public  discussion  or  mention  of  which  would 
tend  to  prove  displeasing  or  discouraging  to  sajd  parents,  guar- 
dians, children  or  wards. 

13.  Teachers  should  fearlessly  expose  corrupt  or  dishonest 
conduct  in  the  profession,  and  there  should  be  no  hesitancy 
on  the  part  of  teachers  in  exercising  the  utmost  diligence  to 
disqualify  and  debar  the  criminal  teacher  whose  conduct  at 
anytime  becomes  a  reproach  to  the  profession. 

14.  It  is  perfectly  proper  at  all  times  for  teachers  to  seek 
preferment  and  promotion  by  legitimate  means;  but  any  sort 
of  endeavor  to  establish  reputation  or  to  obtain  position  by 
inuendo,  exploitations,  complimentary  press  notices,  or  adver- 
tisements, is  undignified  and  unprofessional. 


144  APPENDIX 

15.  It  is  undignified  and  unprofessional  for  any  teacher 
desiring  to  succeed  to  a  given  position  to  use  any  influence 
whatever  or  permit  his  name  to  be  used  whereby  the  incumbent 
may  be  handicapped  or  a  vacancy  created.     Social,  political, 
religious  or  denominational  prejudices  should  never  be  aroused 
against  an  incumbent  by  a  prospective  candidate. 

16.  A  superintendent  or  other  official  to  whom  is  delegated 
or  entrusted  the  power  to  employ  teachers  should  not  knowingly 
employ  a  teacher  with  the  knowledge  and  consent  of  the  em- 
ployers of  said  teacher. 

17.  Adverse  criticism  of  a  predecessor  or  of  a  teacher  em- 
ployed in  the  same  system,  particularly  of  a  teacher  of  a  lower 
grade  is  unethical,  and  should  not  be  indulged  in  by  those  who 
are  mindful  and  regardful  of  the  dignity  of  teaching.     Such 
criticism,  if  made,  should  be  made  only  with  the  intent  of  serving 
some  good  end. 

18.  It  is  the  duty  of  every  teacher  in  Mississippi  to  become 
a  member  of  the  Mississippi  State  Teachers'  Association,  to  pay 
the  membership  dues  annually,  and  to  respond  cheerfully  to  all 
demands  for  service  made  on  him  by  the  association. 

19.  A  committee  of  three  may  be  appointed  by  the  presi- 
dent of  the  State  Teachers'  Association  to  investigate  charges 
or  reports  of  violations  of  this  Code  of  Ethics  as  heretofore 
set  forth  and  to  render  to  the  president  a  decision  sustaining 
the  said  charges  or  reports  or  exonerating  the  teacher.     This 
committee  should  be  so  appointed  at  the  written  request  of  any 
teacher  against  whom  such  reports  or  charges  have  been  made, 
or  at  the  written  request  of  any  teacher  deserving  to  charge 
another  teacher  with  the  violation  of  the  Code  of  Ethics. 

Respectfully  submitted, 

0.  A.  SHAW,  Chairman, 

MISS  LANY  HOLLAND,  Secretary, 

IRA  T.  GILMER. 

Adopted  by  the  Mississippi  Teachers'  Association  in  open 
session  at  Columbus,  May,  1917. 


INDEX 

AGRICULTURAL  HIGH  SCHOOLS. 

Page 

Amount  drawn  by 21 

Bonds,  county  supervisors  to  issue 24 

Bonds,  proceeds,  how  used, 25 

County  school  board  to  establish 18 

Funds,  paid  out  on  order  of  trustees 24 

Graduates  of,  how  licensed  to  teach 102 

Joint  school,  adjacent   counties 20 

Tax  levy 20 

Trustees   20 

Legislature  to  make  appropriations 23 

Location   of „ 23 

Municipalities  to  issue  bonds  to  establish  and  maintain...  23 

State  superintendent  to  visit 21 

Tax  levy,  election,  when  necessary,  when  not 18 

Teachers  license,  examination 99 

Trustees,  appointment 19 

Judges  of  eligibility  of  applicants  for  admission 22 

Report  disbursements  and  receipts  to  supervisors 22 

Uniform  course  of  study ~.~ 106 

CONSOLIDATED  SCHOOLS. 

Bonds  issued  under  laws  of  1912,  Chapter  255,  validated...  29 

Consolidated  school  districts,   elections,   affecting _  28 

Certain  school  property  to  be  sold  for  use  of 30 

Expense,    how    paid    out 26 

Duties  of  trustees  and  county  superintendents 26 

Funds,  where  more  than  four  schools  consolidated 26 

Obligations  validated 30 

Regular  school  may  be  taught  pending  opening  of 31-  48 

Tax  levied  for  school    purposes,    manner    of    changing 

levies,  assessments,  collection  of  tax,  bond  issue 27 

Transportations  of  pupils,  how  provided .' 26 

Validating   certain   school   districts 49 

Obligations  of,  validated 71 

School  property,  counties  may  sell  for  use  of 71 

PUBLIC  SCHOOLS. 

Added  territory  released 48 

Assistants  allowed,  when 80 

Administration  of,  course  of  study 33 

Arbor  Day 33 

Board  of  education,  State,  meetings,  powers,  etc .-...  33 

May  remove  county  superintendents,  when 32 

Boards,  county,  fixing  time  of  opening  schools 59 

Meetings,   defining  boundaries 34 

Qualifications  and  compensation 34 

School   boards    appointed,    how,    quorum,    removal, 

vacancies : 34 

Bonds,  and  duties  of  treasurers 59-  60 

Chickasaw  school  fund _  60 


146  INDEX 

Compulsory  attendance  of,  law  requiring 72-  75 

Continuous  session,  unless 59 

County,  children  of  separate  districts  may  attend 50 

Doors  to  open  outwardly 75 

Deadly  weapons,  students  not  to  have,  duty  of  professor, 

penalty.    H.  C.  835*,  Sec.  1109,  Code  1906. 
Districts,  Rural 

Addition  of  territory  to 47 

Arrangement   of 36 

Attendance    from    another 36 

Attendance  from  out  of - 47-127 

Bond   issue,   petitioned   for 43-  44 

Boundaries  defined,  etc.,  location  of  school  houses 34-  35 

Consolidated,  regular  schools  to  be  taught  pending 

opening  48 

Chartered  institutions  in  joint  control 35 

Damage  to  school  property 66 

Extra  levy,  petition  for  in  counties 61 

Educable  children  in,  local  conditions  and  special 

districts 35 

Graded  schools  54 

Separate  for  races 45 

Tax,  in  rural  districts,  fines,     management,     bond 

issue 59 

*  H.  C.  refers  to  Hemingway's  Code. 

In  two  or  more  counties  may  issue  bonds 53 

Tax  levy  in _ 42 

Tax,  property  tax  for  fuel  and  incidentals 45 

Tax,  per  capita  tax  for  fuel 45 

Validated,   certain   districts _ 49 

Districts,  Rural  Separate- 
Children   may   attend   county 50 

Chickasaw  school  funds,  settlement 70 

How    abolished 55 

Not  less  than  12  square  miles,  tax  levy,  collection, 

disbursement   43 

Organization  of,  minimum  requirements 43 

Obligations  of,  validated 71 

Trustees,  duties  and  powers  of 39 

Transportation  of  pupils  into  district 41 

Transportation  within  a  district 50 

Trustees,  how  chosen : 41 

Teachers '   homes,   etc.. 49 

Districts,-  Municipal  Separate — 

Children  may  attend  county  schools 50 

Chickasaw  school  funds,  settlement 70 

Consolidation  of  two  or  more  districts- 52 

Enumeration  of  children 64 

How  abolished 55 

Population,   requisites ..,.;......  46, 

Trustees,  duties  an.d  powers  of .;:,........:.. .-.,...  j%4;. 

Trustees,  how  chosen 4*1 


INDEX  147 

Teachers'  homes 49 

Transportation    of    pupils    into    a  separate    school 

district   41 

Transportation  within  a  district 50 

Tax  levy,  bonds,  etc - -  49 

Disturbance  of  school  or  school  meeting,  abuse  or  insult 

to  teacher,  criminal  law 67 

Exclusion  from  school  of  certain  children 42 

Enumeration — 

Of  educables  in  county,  blanks  for 64 

Separate,   of   municipality 64 

Affidavit  to  enumeration - 65 

Compensation  for 65 

Copies  of,  two -  65 

Every  domicile  to  be  visited 65 

Failure  of  assessor,  how  enumeration  made 66 

Evening  and  part-time  schools 70 

Funds — 

Audit  of  claims  against  school  fund,   expenses  of 

State  Superintendent,  etc 33 

Balances,  how  and  when  used - 63 

County  superintendent  to  notify  trustees  of 33 

County,  how  distributed 62 

Deficit,  not  allowed 61 

Outstanding  school  indebtedness,  payment 67 

Surplus,  county  funds  to  school  funds 63 

State,  how  and  when  distributed 64 

Taxes,  poll  to  be  turned  over  to  the  county  treasurer...  63 

Taxes,  two  and  three  per  cent.,  how  used 64 

Taxes,  exemption  from H.  C.  6883 

High    school    tuition . -  56 

Holidays  59-138 

Indian    children 50 

Interstate  lines ~ 35 

Libraries,  how  established - 68 

Library  commission,  county 68 

Municipalities,  not  in  separate  school  districts, 

special  tax ~  43 

Music,  drawing,  grammar  school _ 74 

Placards  showing  effect  of  alcohol,  and  prevention  of 

tuberculosis,  county  superintendent  to  secure 34-  84 

Poll  tax,  credited  to  by  county  auditor  H.  C.  3733 

Section  360 
Code  1906. 

Pupils,  duties  of,  damage  to  school  property —  66 

Registers  for  teachers,   outline  maps,   etc ......  56 

Scholastic  year,  month,  and  day 58 

Separate  districts  for  races ~ — 45 

Teachers '  homes,  etc _ — _ 49 

Teachers — 

Salaries  of  teachers  and  assistants  (H.  C.  7373) _  54 

Supervisors  may  borrow  money  to  pay 53 


148  INDEX 

Funds  for  salaries,  how  borrowed,  how  paid. 53 

Contracts  with,  requisites,  etc. 55 

.  Obedience  to 66 

Pay  certificates 56 

Enumeration  of  children  first  month 57 

Term  report 57 

General  rules  for,  suspension  of  pupils,  conduct  of 

pupils 67 

Payment  where  deficit  occurs 68 

Trustees — 

Election,  when  'and  how 37 

Election  in  separate  districts 41 

Exclusion  of  children  for  bad  morals  or  contagious 

diseases  38 

Nepotism  forbidden  all  trustees 43 

Power  of,  custodian  of  school  property,  prescribe 

course  of  study,  etc.  .  42 

«/  / 

Separate  school  districts,  powers  and  duties 39 

Supplies,  purchase  of,  competitive  bids H.  C.  6660 

Qualifications,   number,   term 36 

Quorum,  meetings,   removals,   etc 37 

Selection  of  teachers _  38 

Suspend  or  expel  pupils,  visit  schools,  etc 39 

Terms  of  office,  vacancies,  how  filled 37 

Warrants  for  teachers'  salaries,  back  pay,  etc 57 

Vocational  schools,  act  of  Congress  accepted 69 

COUNTY  SUPERINTENDENTS. 
Appeal  from  decision  of  in  controversy  over  school  law...  82 

Assistant  teachers   allowed,   when „  80 

Bond  and  oath,  penalty  for  failure 76 

Books  for  county  schools,  to  order  and  employ  agents  for...!08 

Corn  clubs,  prizes,  may  offer 85 

Deputies,  qualifications  and  salary,  etc 84 

Duties  in  matter  of  apportioned  students  to  A.  &  M. 

College  _ H.  C.  3392 

Duty  to  successor  '. 83 

Election,  term  of  office,  qualifications,  examination... 76 

Elections  and  vacancies 7 6 

Examination  of  candidates 76 

General  duties  set  out  and  listed ~  77 

Map  of  district  to  be  made  by 85 

Not  to  speculate  in  teachers'  warrants,  etc 84 

Not  to  teach  school 77 

Notify  trustees  of  funds 33 

Office  and  office  expenses _  77 

Office  days,  penalty  for  violation 80 

Penalty  for  failure  to  make  report 80 

Placards  relating  to  alcohol,  etc _  84 

Records  of  trustees,  blanks  to  be  furnished -  83 

Records  to  be  kept,  delivery  to  successor _  77 

Removal  for  neglect,  drunkenness,  etc.,  procedure _  32 

Reports  to  supervisor  and  mayor __.  81 


INDEX  149 

Salary,  how  fixed,  how  paid 81 

School  board,  president  of,  etc 34 

School  funds  from  sixteenth  sections,  duties  regarding 127 

Sixteenth  sections,  leasing  of,  duties  of 128-129-136 

Suit  against  book  contractors,  bond  by 116 

Suspension  or  removal  of  teachers,  procedure 82 

Teachers'  institute,  fee  collected,  defray  expenses 90 

Teachers'  licenses  revoked  by,  when,  procedure _  83 

Teachers'  salaries,  to  be  proportionate  to  fund 79 

Visitation  of  schools,  duties .. 82 

STATE  SUPERINTENDENT. 

Advice   county   superintendents _  89 

Agricultural  high  schools,  to  visit 21 

Apportionment  of  state  school  funds,  basis  of,  report  of 

to  various  officers __ -  86 

Blanks  for  enumeration  of  educables,  to  be  furnished 64 

Blank  forms,  laws,  etc.,  to  be  furnished  to  officers  by 88 

Bond,   office,   seal 86 

Books,  list  furnished  county  and  school  officers 104 

Conferences  with  county  superintendents 88 

Election  of— Section  4140,  Code  1906,  H.  C.  6774. 

Ex-off icio  trustee  of  various  institutions _.  88 

Expenses  of  office  fixed  by  board _  33 

General  supervision  of  schools,   regulations 88 

May  employ  stenographer  and  assistant _ 87 

Member  of  board  of  geological  survey — Section  2362 

Code  1906,  H.  C.  4737. 

Member  of  text  book  commission 109 

Not  to  be  interested  in  school  books,  etc.,  penalty 87 

Official  opinions  to  be  furnished  by,  record  of  counsel 

of  Attorney  General _ _ 88 

Preserve  books,  documents,  etc _  86 

Preside  over  board  of  education,  reports  from  schools......  86 

Records  to  be  kept _ 87 

Reports    to   legislature 87 

Report  to  supervisors,  penalty  on  county  supt. _  80 

Require  reports  from  county  superintendents 88 

Text  books,  to  notify  counties  of  adoptions 116 

Trustees  university  and  colleges,  member  of — Chapter 

169,  Laws  1912    H.  C.  7897* 
*H.  C.  refers  to  Hemingway's  Code. 

TEACHERS'  INSTITUTES. 
Board  of  education  (county)  prepare  outlines,  prescribe 

regulations,  fix  compensation „  90 

Conductors,  selection „ _  90 

Expenses,  how  defrayed ~ 90 

Fund,  when  insufficient  for  expenses .. 91 

Held,  when,  where,  who  for 90 

Surplus  fund,  how  used 91 


150  INDEX 

TEACHERS'  LICENSE. 

Agricultural  high  school  teachers,  examination  of 99 

Board  of  county  examiners 94 

How  constituted,  qualifications,  appointment,  duties, 

renumeration,    etc _ 94 

Vacancy,   how   filled 95 

Board  of  State  Examiners — 

Qualifications,  appointment . 99 

Duties  and  aiithority : 99 

Endorsement   of  license,   when,   etc. 99 

Compensation,  term  of  office,  removal 100 

Diplomas,  license  of  other  states  recognized 93 

Examination „ 94 

Examination,  grading  and  marking  papers 97 

Examination  papers  lost,   how  issued 92 

Examinations,  penalty  for  receiving  assistance,  for  of- 
fering, etc 97 

Scope  of  for  different  grades 96-  97 

What  subjects  to  be   on 96 

When,  where  and  how  held _ 95 

Fee,  applicants 94 

First  and  second  grade  renewed,  conditions 94 

Graduates  of  agricultural  high  schools,  entitled  to 102 

Graduates  Industrial  Institute  &  College  entitled  to 92 

Moral  qualifications,  age 96-  98 

Must  all  be  licensed 96 

Professional  license . 100-101 

Principal,  license  required 55 

Special   examination.™ 98 

State,  how  secured,  scope  of  examination,  grade,  etc 100 

Terms  of  different... '. _  98 

Transfer  from  one  county  to  another 92 

Transfer  to  another  county _ 99 

University  and  college  graduates  entitled  to 93-101 

Students  finishing  sophomore A 101 

TEXT  BOOKS. 

Adopted,  to  supplant  all  others,  except 116 

Agricultural  high  school 106 

Commission — 

Appointment,  duties  and  oath....'. 109-110 

Bids  may  be  rejected,  Mississippi  contractor 114 

Bond  of  contractor,  preparation,  suits  on 112-113 

Compensation   and  mileage 118 

Cannot  extend  contract. 118 

Contract  to  be  executed  30  days  after  award 113 

Disqualification  of  member  to  vote  on  contract 119 

Meetings  and  organization,  advertisements,  bids  and  what 

to  specify,  deposit  with ...Ill 

Not  to  accept  employment  or  reward  from  dealers 118 

Procedure  after  bid  awarded 113 

Procedure  in  awarding  contract 112 


INDEX  151 

Sworn  110 

Term  of  office 118 

To  enforce  provision  of  contract 116 

To  keep  journal  of  proceedings • 117 

Commissioners,  trustees,  officers,  etc.,  not  to  be  inter- 
ested  in   contracts 67 

Contract,  forfeited  when,  new  contract 119 

Void  if  officer,  etc.,  interested  in 67 

Contractor  to   establish   depositories,    agencies,   in   each 

county 115-116 

County  superintendent  to  order  books  and  employ  agents  .108 

Damages  for  failure  to  meet  demands  for 116 

Exchange  price  of 109 

Free,  may  be  provided 107 

How  chosen 110 

Officers,  teachers,  etc.  not  to  speculate  in  books,  etc. 67 

Ordered  and  paid  for,  how 106 

Penalty  for  teaching    others,    for    demanding    excessive 

price 117 

Price  not  to  be  in  excess  of  other  places 109 

Prices  paid,  and  sold  to  pupils 106 

Publishers — 

Failing  to  supply  copies,  forfeit 105 

File  statement  with  state  superintendent 103 

Not  give  money  on  books  to  school  board 108 

Statement,  wholesale  prices 103 

Publishers  bond,  conditions  of : v 103 

Publishers  bond  to  be  approved 104 

Pupils  moving  into  new  districts,  disposal  of  books 107 

Retailer  not  to  advance  price 107 

Selection  of,  term  of  use.  uniformity  of  series 109 

Separate  districts  may  adopt  supplementary 110 

Statement  as  to  price,  etc.,  to  be  printed  in  each 113-115 

State  not  become  liable  on  contract 114 

State  superintendent  to  furnish  lists  to  county  and  school 

officers 104 

To  be  equal  to  samples „ 113 

Trustees,  determine  for  county  and  separate  school  dis- 
tricts   105 

Violations  of  act,  penalty 108-117 

SIXTEENTH  SECTION. 

Abstract  of  title  to  be  made,  what  to  contain.. 120 

.   When  fund  loaned 125 

Adverse  possession  as  evidence  of  valid  lease 121 

Chancery  court  to  decide  if  land  subject  to  lease,  pre- 
sumption   :. 129 

Consummation  of  lease,  bill,  parties,  practice  and  pro- 
cedure   131 

Effect  of  decree 131 

Consent  of  inhabitants,  meeting,  certificate  of  result 130 

Counties  to  have  control 123 

Expenses  of  supervisors,  how  paid 130 


152  INDEX 

Funds — 

Disposition  of,  accounts,  expenditure  of 123 

From  sale  of  timber,  etc.,  disposition  of 124 

How  used,  pupils  from  adjoining  townships 127 

Loan  of,  regulation,  security  and  title,  liability  when 

law  violated 125 

Restrictions  on  use  of , 123 

Hancock  county  allotment  etc 130 

Lands,  lessees  of,  credit  for  permanent  improvements 136 

Land  outside  of  cities  and  towns,  lease,  rent  notes ..128 

Lands,  rents  on,  county  superintendent  to  collect 136 

Lands  granted  in  lieu  of  allotments,  distribution,  proce- 
dure ...  ...132-135 

Lands  in  cities  and  Towns— 

Appraisement,   procedure 128 

Appeal — 

From   appraisement   and   procedure 129 

Lease  holder  failing  to  execute  lease 129 

Preference  of  lease  holder,  lease  executed 129 

Leases,  for  turpentine  or  pasturage 124 

Leases  set  aside,  accounting  lien,  procedure,  etc 131-132 

Leases,  terms  of,  timber,  urban  property 122 

Securities,  pledged  for  loan,  supervisors  may  dispose  of...!26 

Sinking  fund 126 

Suits  to  establish  titles  to  be  instituted _ 121 

Taxable  when  leased,  what  passes  on  sale — Sec.  4289, 

Code  1906,  H.  C.  6923. 
Timber,  supervisors  may  sell,     application     of     funds 

arising 124 

Timber,  use  of  by  lessees  .. 122 

Titles  to  be  examined  and  established,  abstracts  to  be 

made   120 

Townships    divided    by    county    lines,    jurisdiction    ap- 
portionment   129 

Township  trustees,  appointment,  duties 128 

ILLITERACY  COMMISSION. 

Adopts  rules 138 

Adult  illiteracy,  collection  of  data 137 

Body   corporate,    officers 137 

Creating,  name 137 

Members  receive  expenses  only 138 

No  appropriation 138  . 

HOLIDAYS. 

Thanksgiving  Day,  designated  as 138 

Teachers  are  allowed  pay  for 138 


YC  06571 


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